ORIGIN AND GOVERNMENT 



OF 



THE DISTRICT OF COLUMBIA 



BY 

WILLIAM TINDALL 

// 



Printed for use of the Committee on the District of 
Columbia, House of Representatives 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1909 



^i 




*W 18 1942] 



PREFACE. 



The distinctive object of this compilation is to present in chrono- 
logical order the essential features of the principal legislative and 
official measures affecting the origin, establishment, and local govern- 
ment of the permanent seat of government of the United States, but a 
number of historical facts of general interest and not strictly within 
that categor}^ have been included. 

It is arranged in two parts, the first of which embraces the period 
prior to the creation of the present form of government for the Dis- 
trict; the other pertains to the form of government now in vogue. 

Several of the statutes n>entioned in the pamphlet are appended, but 
most of them are only cited by the number and page of the statute at 
large in which they are respectively published. The page references, 
which frequently occur in this work, relate to the folios in the 
appendices: L, A. to Legislative Assembly laws, and \T. D. to Webb's 
Digest of the laws of the city of Washington. 

William Tindall. 



ORIGIN AND GOVERNMENT OF THE DISTRICT OF COLUMBIA. 



The District of Columbia is the permanent seat of the Government 
of the United States of America (p. 81). 

LOCATION AND TOPOGRAPHY. 

It is situated on the left or eastern bank of the Potomac River, 106 
miles from its entrance into Chesapeake Bay and about 185 miles, via 
that river and bay, from the Atlantic Ocean. 

The center of the District, as originally established, is in longitude 
77° 02' 27.745" west of Greenwich; in north latitude 38° 53' 34.915", 
and in the vicinity of Seventeenth and C streets NW., in square south 
of square No. 173, in the city of Washington; but, as a consequence 
of the retrocession to Virginia of the portion of the District derived 
from that State, the original center point is now nearly on the south- 
western border, although it is still approximately midway between the 
eastern and western extremes. It is 1,305 feet north and 1,579 feet 
west of the Washington Monument. 

The District consists topographically of an urban section, named 
"the city of Washington," and of a suburban and agricultural section, 
which contains a number of unincorporated villages. It embraces an 
area of 69.245 square miles, 60.01 square miles of which are land. Its 
surface is generally irregular and undulating, rising from the level of 
mean low tide in the contiguous Potomac River to an elevation of 420 
feet at the highest point, which is about a half mile southeastwardly 
from the middle of its northwestern boundary. 

The main branch of the Potomac River forms the southwestern 
boundary. It is joined from the east, about 3 miles north of the 
southern apex of the District, by the Anacostia River, or Eastern 
Branch, which flows through the District in a southwesterly course to 
that point. 

The navigation of the Potomac for vessels of commerce practically 
terminates at the Aqueduct Bridge, about 3 miles from its junction 
with the Anacostia; the like navigation of the Anacostia stops at the 
Nav3-Yard Bridge, about 2 miles above its junction with the Potomac. 

5 



b GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

AUTHORITY FOR ITS ESTABLISHMENT. 

The District of Columbia was established as the seat of government 
of the United States by proceedings taken under authority and direc- 
tion of the acts of Congress approved July 10. 1790, entitled ''An act 
for establishing the temporary and permanent seat of the Government 
of the United States" (1 Stats., 130) (pp. 72, 75, and 81), and the act of 
March 3, 1791, entitled "An act to amend 'An act for establishing the 
temporary and permanent seat of the Govivrnment of the United 
States'" (1 Stats., 214) (p. 84). Those acts were passed pursuant to 
the following provision contained in the eighth section of the first 
article of the Constitution of the United States, enumerating the 
powers of Congress, viz: 

To exercise exclusive legislation, in all cases whatsoever, over such district (not 
exceeding 10 miles square) as may, by cession of particular States, and the accept- 
ance of Congress, become the seat of the Government of the United States, and to 
exercise like authority over all places purchased by the consent of the legislature of 
the State in which the same shall be, for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings. 

An abstract of the Congressional proceedings prior to the passage 
of said acts, on the subject of locating the seat of government, is 
contained in Appendix 1 (p. 30). 

The right to exercise exclusive authority at the seat of government 
was conferred upon Congress to enable it to provide for the conven- 
ience and protection of the several agencies of government there in 
a manner compatible with the needs and dignity of the nation. Among 
the considerations which led to the investiture of Congress with such 
absolute jurisdiction were tlie facts that in June, 1783, the Continental 
Congress removed from Philadelphia in consequence of a hostile demon- 
station which was made toward it by a body of soldiers of the Revo- 
lutionary Arm3% impatient at the long neglect to pay them for their 
services, and the admission of the authorities of that city and of the 
State of Pennsylvania that they were unable to protect it from the 
threatened intimidation (p. 31). 

With reference to this grant of exclusive legislation, Mr. Harper, 
on December 31, 1800, made the following statement in Congress in 
reply to an observation that it was not necessary for Congress to 
legislate for the government of the District of Columbia, as the people 
of the District had lived happil}'^ for one hundred years under their 
respective State governments: 

But the provision of the Constitution on this subject had not been made with this 
view. It was made to bestow dignity and independence on the Government of the 
Union. It was to protect it from such outrages as had occurred when it was differ- 
ently situated, when it was without competent legislative, executive, and judicial 
power to insure to itself respect. While the Government was under the guardian- 
ship of State laws, those laws might be inadequate to its jirotection, or there might 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 7 

exist a spirit hostile to the General Government, or, at any rate, indisposed to give it 
proper protection. This was one reason, among others, for the provisions of the 
Constitution confirmed and carried into effect by the acts of Maryland and Virginia 
and by the act of Congress (p. 76) . See Mr. Madison's views on same subject (p. 140). 

SITES FIRST SELECTED. 

The Congress of the Confederation resolved on October 7, 1783, 
"that buildings for the use of Congress be erected on or near the 
banks of the Delaware or of the Potomac, provided a suitable district 
can be procured on one of the rivers as aforesaid for a Federal town, 
and the right of soil and an exclusive or such other jurisdiction as 
Congress may direct shall be vested in the United States." Also, 
" that the place on the Delaware for erecting buildings for the use of 
Congress be near the falls " (p. 39). 

On the 21st of that month it was resolved "that buildings be like- 
wise erected for the use of Congress at or near the lower falls of the 
Potomac or Georgetown " (p. 42). 

An appropriation of $100,000 was made on December 20, 1784, to 
erect the necessary buildings (p. 47). 

On December 23, 1784, Congress ordained that "three commission- 
ers be appointed with full powers to lay out a district of not less than 
2 nor exceeding 3 miles square, on the banks of either side of the Dela- 
ware, not more than 8 miles above or below the falls thereof, for a 
Federal town," etc., and on February 10 and 11 appointed Philip 
Schuyler, Philemon Dickinson, and Robert Morris as such commis- 
sioners. Philip Schuyler declined to accept the ofBce, and on March 
16 John Brown was appointed in his stead; but the proceedings of 
Congress do not show that any further action was taken under that 
ordinance (pp. 47, 48, 49, 60). 

None of these measures were carried into effect, but the whole sub- 
ject of providing a seat of government was deferred by a resolution of 
August 6, 1788, to the consideration of the Congress provided for by 
the Constitution (p. 55). 

In September, 1789, the Senate and House passed, on different days, 
a bill to locate the seat of government at Germantown, Pa.; but its 
final consideration on amendments having been deferred until the next 
session it never became a law (pp. <dQ and 67). 

SELECTION OF THE PRESENT SITE. 

The requisite area for the present site of the seat of government 
was offered to Congress b}^ the States of Maryland and Virginia. The 
former State, by an act of its general assembly passed December 23, 
1788, directed its Representatives in the House of Representatives of 
the Congress of the United States to cede to the Congress of the 
United States any district in said State not exceeding 10 miles square 



8 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

which the Congress might fix upon and accept for the seat of govern- 
ment (p. 82). The latter State, by an act of its general assembly 
passed December 3, 1789, ceded a like tract or any lesser (luantity of 
Virginia territory for the same purpose (p. 82). 

A tract 10 miles square on the banks of the Delaware was also otfored 
by certain citizens of Pennsylvania and New Jersey as a site for the 
seat of government (p. 64). 

The general assembly of Maryland, by an act passed December 19, 
1791, formally ratified the cession provided for in its act of December 
23, 1788 (p. 96). 

Maryland also gave $72,<lOO (p. 101), and loaned $250,000 more for 
the erection of public buildings in the District for the use of the Gen- 
eral Government. Virginia made a grant of $120,000 for the same 
purpose in case of the acceptance by Congress of the cession of the site 
offered by it for the seat of government (p. 83). 

The southern limit of the area of selection for the site of the Dis- 
trict was placed by the act of March 3, 1791, at Hunting Creek, an 
estuary of the Potomac River which enters that river from the west 
immediately below Alexandria, Va. The northern limit was fixed by 
the act of July 16, 1790, at a small stream named '■' Connogochegue 
Creek," which enters the Potomac River from the north, at Williams- 
port, Md., about 80 miles above the southern limit. 

In anticipation of the enactment of the statute of March 3, 1791, and 
to advance the work of locating the boundary lines of the District as 
far as possible pending its consideration, a tentative boundary of the 
District was laid out by Commissioners Thomas Johnson, David Stu- 
art, and Daniel Carroll, who were appointed by Pi-esident Washington 
on January 22, 1791 (p. 84), pursuant to the act of July 16, 1790, and 
directed by a Presidential proclamation dated January 24, 1791 (p. 89), to 
proceed forthwith to make a preliminary surve}', or, in the President's 
words, to run "lines of experiment," which were substantially in 
accord with the lines subsequently adopted as hereinafter mentioned. 

Mr. Carroll was a Delegate from Maryland, in the House of Repre- 
sentatives of the United States, when this appointment was first made, 
and declined to accept it while a member of Congress. Consequently 
only two Commissioners were on duty until March 4, 1791, when Mr. 
Carroll's Congressional term expired and he accepted a new commis- 
sion which the President sent to him. 

The point of beginning for the lines of experiment was found by 
" running from the court-house of Alexandria, in Virginia, due south- 
west half a mile, and thence a due southeast course, till it shall strike 
Hunting Creek" (p. 89). 

The area of selection having been enlarged by the act of March 3, 
1791, the site of the District was finally located, partly in Prince 
George and Montgomery counties, in the State of Maryland, and 



GOVERNMENT OF THE DISTRICT OP COLUMBIA. 



9 



partly in Fairfax County, in the State of Virginia, by proclamation of 
President George Washington, March 30, 1791, within the following 
bounds: 

Beginning at Jones Point, being the upper cape of Hunting Creek, in Virginia, and 
at an angle in the outset of 45 degrees west of the north, and running in a direct Une 
10 miles for the first line; then beginning again at the same Jones Point, and run- 
ning another direct line at a right angle with the first across the Potomac 10 miles 




Southwestern side, 10 miles 230.(3 feet. 
Northeastern side, 10 miles 263.1 feet. 
Southeastern side, 10 miles 70.5 feet. 
Northwestern side, 10 miles 63 feet. 



for the second line; then from the terminations of the said first and second lines 
running two other direct line^'of 10 miles each, the one crossing the Eastern Branch 
aforesaid and the other the Potomac, and meeting each other in a point (p. 90). 



10 (GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

The corner stone which indicates the point of beginning- in the 
boundaries of the District was laid at Jones Point, on the Virginia 
shore, with Masonic ceremonies, April 15, 1791, and now forms part 
of the foundation of the retaining wall of the terrace or oard(>n around 
the Jones Point light-house. It is und(>r the gateway, and almost 
directly south of the center of the light-hou^^c. on the north bank of 
Hunting Creek. 

A survey of the District, which was commenced in 1881 under the 
direction of the United States Coast and (reodetic Surve}-, demon- 
strated that the boundary lines as laid down by the commissionci-s in 
1790 are incorrect. The northern point is 116 feet west of the merid- 
ian running through the southern corner, and each of the sides exceeds 
10 miles in length." (See cut, page 9.) 

The land boiindarj^ of the District of Columbia is marked on the 
ground by sandstone mileposts 1 foot square and 2 feet high, numbered 
from 1 to 9, from right to left. They bear on the side facing the Dis 
trict the legend, "Jurisdiction of the United States," and the nmnber 
of miles they respectively are from the corner at which the numerical 
series to which they belong begins. On the opposite side they bear 
the inscription "Maryland,'' on the third side the year 1792, and on 
the fourth side the variations of the compass. 

TOWNS IN THE DISTRICT AT ITME OF CESSION. 

At the time the District was established three towns existed in the 
portion of it which was ceded from Maryland, namely. Georgetown, 
Carrollsburg, and Hamburg. The last two, although they were laid 
out on the records, had no corporeal existence. Carrollsl)urg was the 
name of a tract on the northern bank of the Eastern Branch east of 
Arsenal Point, containing 160 acres, subdivided into 268 lots, under a 
deed of trust recorded at "Marlborough,"' Md., November 2, 1770. 
Hamburg, sometimes called Funkstown, fronted on the Potomac in 
the neighborhood of Twent3'-fourth street west, and contained 120 
acres, subdivided into 287 lots, by its owner, Jacob Funk, by a plat also 
recorded at "Marlborough," Md.. October 28. 1771 (p. 113). 

ACCEPTANCE OF THE SITE. 

Section 3 of the aforesaid act of July 16, 1790. prescribes, among 
other things, that "the District so defined, limited, and located Khali 
he deemed the District accepted by this act for the permanent seat of 
the Government of the United States." Section 1 of the same act 



" An account of this and other surveys and maps of the District is contained in a 
paper presented Vjefore the National Geographic Society by Marcus Baker, March 23, 
1894, and pubhshed in Vohinie W of the National ( ieographic Magazine. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 11 

contains a substantially similar provision. Both of those provisions 
are adopted by the act of March 8, 1791, as applicable to the site 
located under the enlarged purview of that act. 

NAMING THE DISTRICT. 

The lirst official mention of the district by name is in a letter of the 
original Commissioners dated September 9, 1791, in which they. state: 
' ' We have agreed that the Federal district shall be called the Territo^}' 
of Columbia," etc. (p. 94). They had no specific authority of law to 
name it. 

The first mention of the name "District of Columbia''"' in an act of 
Congress is in the title^ but not in the body, of "An act authorizing a 
loan for the use of the city of Washington, in the District of Columbia, 
and for other purposes therein mentioned," approved May 6, 1796; 
but a previous statutory use of the name appears in the fourth section 
of the act of the Maryland legislature, approved in November, 1793, 
entitled "A further supplement to the act concerning the Territory of 
Columbia and the city of Washington" (p. 114). The seat of govern- 
ment is mentioned in at least one act of Congress as the Territory of 
Columbia and the District of Columbia, indiscriminately. (2 Stats., 
193 and 194.) 

Although the territory at the seat of government is referred to in 
various statutes as the District of Columbia, it was not until February 
21, 1871, that Congress directly legislated on the subject of naming it, 
which it did by the following clause in the act of that date, entitled 
"An act to provide a government for the District of Columbia:" 

That all that part of the territory of the United States included vAiMn the limits of 
the District of Columbia be, and the same is hereby, created into a government by the 
name of the District of Columbia, by which name it is hereby constituted a body 
corporate for municipal purposes. ( 16 Stats. , 419. ) 

But this act omitted to define the limits to which it referred. 

Congress, obviously in doubt as to the sufiiciency of that action, 
again legislated on the subject, in the act entitled "An act providing 
a permanent form of government for the District of Columbia," 
approved June 11, 1878, as follows: 

That all the territory which was ceded by iJie /State of Maryland to the Congress of 
the United States, for the permanent seat of the government of the United States, 
shall continue to be designated as the District of Columbia. (20 Stats., 102. ) 

In this latter act Congress definitel}^ indicates the territory it names. 

ASSUMPTION OF LEGAL .JURISDICTION BY THE UNITED STATES. 

The acts of cession of Virginia and Maryland provided that the juris- 
diction of the laws of those States, respectively, over the persons and 



12 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

property of individuals residing within the limits of the sections so 
ceded should not cease or determine until Congress, having accepted 
such cession, should by law provide for the government thereof under its 
jurisdiction in the manner provided in the eighth section of the first 
article of the Constitution of the United States. Section 1 of the act of 
Congress approved July 16, 1790, contains a corresponding provision. 
(See also act of Feb. 27, 1801, 2 Stat., 104.) 

The authority of the Government of the United States over the Dis- 
trict of Columbia '' in full and absolute right and exclusive jurisdiction 
as well of soil as of persons residing or to reside thereon, became 
vested on the first Monday of December, 1800." (Cranch's Circuit 
Reports, Vol. 1, pp. 15 to 21, (p. 102.) 

TRANSFER OF THE SP:AT OF GOVERNMENT TO THE DISTRICT OF 

COLUMBIA. 

The date of the transfer of the seat of government to the District 
of Columbia was fixed by the first paragraph of section 6 of the act of 
July 16, 1790, as follows: 

''^ And he it enacted^ That o\\ the said first Monday in December, in 
the year one thousand eight hundred, the seat of the Government of 
the United States shall, by virtue of this act, be transferred to the 
District and place aforesaid;" the place referred to ])eing the portion 
of the District selected for the Federal city. 

An act of Congress approved April 24, 1800 (2 Stats., 55), authorized 
the President of the United States to direct the removal of the various 
Executive Departments to the city of Washington at any time after 
the adjournment of the first session of the Sixth Congress and before 
the time fixed by the act of July 16, 1790, For the transfer of the seat 
of government to that place. 

The date of the first meeting of Congress in the District was fixed 
by an act passed May 13, 1800 (p. 102), for the 17th day, or the third 
Monday, in November, 1800; but it actually met for the first time in 
the District on November 21, which was the first day of the session 
when a quorum of both Houses was present. The meeting was in 
the north wing of the Capitol, then the only completed part of the 
l)uilding. A quorum of the House of Representatives was present on 
the 18th of that month. 

The President arrived in Georgetown on June 3. ISOO, and in Wash- 
ington the next A'Ay. 

The personnel and records of the several Departments were trans- 
ferred from Philadelphia to Washington about the same time, at an 
expense of $32,872.34, and those Departments were fully removed to 
the latter city by June 16, 1801. (Senate Doc. No. 238, second session, 
Fift3^-fifth Congress.) 



GOVERNMENT OF THE DISTRICT OP COLUMBIA. 13 

The Supreme Court held its first session in Washington on the 2d 
of the ensuing February; but the first session at which a quorum of 
that court was present was held on the 4th of that month. 

PREVIOUS MEETING PLACES OF CONGRESS. 

The Congress of the Revolution first met in Philadelphia, Pa., on 
September 5, 1774, and remained there until Wednesday, December 
12, 1776, when it adjourned to Baltimore, Md., in consequence of the 
approach of the British army (p. 30). 

It met in Baltimore Friday, December 20, 1776, and remained there 
until Februar}^ 27, 1777, when it adjourned to Philadelphia, where it 
met on the 4tli of the next March and adjourned from day to day until 
the 12th of that month. (lb.) 

On the 18th of September, 1777, military necessity again led to its 
removal from Philadelpliia. It thereupon adjourned to Lancaster, Pa. , 
where it met on Saturday the 27th of that month, and on the same 
day adjourned to meet at Yorktown in the same State, at which place 
it assembled on Tuesday the 30th of the same month. (lb.) 

It remained in York until Saturday, June 27, 1778, when, in view 
of the evacuation of Philadelphia by the British, it adjourned to that 
city, where it held its next session on Thursday, July 2, 1778. (lb.) 

It remained in Philadelphia until June 21, 1783, when in conse- 
quence of the menacing demonstration toward it by the unpaid sol- 
diers of the Revolutionar}^ Army, it adjourned to meet either at Trenton 
or Princeton, N. J., as the President might direct (p. 31.) 

Upon the summons of the President it met at Princeton on the 30th 
of June and continued to hold its sessions there until November 4, 
1783 (pp. 31, 43). 

On November 26, 1783, it met in Annapolis, Md., where it remained 
until June 3, 1784 (p. 43). 

It next met in Trenton, N. J., from November 1, 1784, until Decem- 
ber 24, 1784, when it adjourned to meet in the city of New York 
(p. 49). 

It met in New York City on January 11, 1785, and continued to 
meet there until March 4, 1789, when it was succeeded by the Congress 
provided for in the Constitution (p. 57). 

The Congress provided for by the Constitution first met in New 
York City. The first Wednesday, which was the 4th day of March, 
1789, was the day appointed by the resolution of September 12, 1788 
(p. 57), for "commencing proceedings" by the Congress provided for 
by the Constitution, and several members of each House were present 
on that day, but no quorum appeared in the House of Representatives 
until the 1st of April, 1789, nor in the Senate until the 6th of that 
month. On December 6, 1790, Congress removed to Philadelphia 



14 GOVERNMENT OF THE DISTKICT OF COLUMBIA. 

which was chosen by the act of July 16, 1790, as the temporary seat 
of government until its removal to the District of Columbia. 

AUTHORITY FOR TEMPORARY REMOVAL OF THE SEAT OF GOVERNMENT. 

Section of ''An act respecting quarantines and health laws," 
approved February 25, 1799, provides that — 

In case of the prevalence of a contagious or epidemical disease at the seat of gov- 
ernment it shall be lavi^ful for the President of the United States to permit and direct 
the removal of any or all the public offices to such other places as, in his discretion, 
shall be deemed most safe and convenient for conducting the public business. 
(1 Stats., 620.) 

This legislation originated in a Senate amendment, and was a sequela 
of the yellow-fever epidemics which scourged the city of Philadelphia 
in 1793 and in 1798, and so severely during the latter year that the 
President of the United States and the offices of the General and State 
governments temporarily removed to Germantown. Pa., to avoid the 
pestilence. (See Watson's Annals of Philadelphia, vol. 2, pp. 41, 63, 
and 94.) 

COUNTY SUBDIVISION. 

The District was divided into two counties by an act of Congress 
approved February 27, 1801. The portion derived from Virginia was 
named the county of Alexandria, and the portion from Maryland, 
including the islands in the Potomac River in said District, was named 
the county of Washington. (2 Stats., 105.) 

RETROCESSION OF ALEXANDRIA COUNTY. 

Pursuant to an act of Congress of Jul}^ 9, 1846 (9 Stats., 35), and with 
the assent of the people of the county and town of Alexandria, at an 
election on the first and second days of September. 1846, b}'^ a viva 
voce vote of 763 for retrocession and 222 against it. President Polk, 
by proclamation of September 7, 1846, gave notice that the portion 
derived from the State of Virginia was re-ceded to that State. The 
District was thereby reduced to its present area. (9 Stats., 1000.) 

The action of Congress and the President was based upon petitions 
of the people of the town and county of Alexandria. Va., set forth in 
House of Representatives Report No. 325, of the first session of the 
Twenty-ninth Congress, dated February 25, 1846 (p. 102). 

BOUNDARY BETWEEN THE DISTRICT OF COLUMBIA AXI> THE STATE OF 

VIRGINIA. 

The boundary line between the District of Columbia and the State 
of Virginia is held 1)}^ several judicial decisions to be high-water 
mark on the Virginia shore of the Potomac River, and that the act of 
Congress of March 3, 1879, does not applv to the portion of the 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 



15 



Potomac River abutting the District of Columbia. (See Evans v. 
U. S., 31 Appeals, D. C, p. 541; and Morris -y. U. S., 174 U. S., p. 225.) 
The act of February 27, 1801 (2 Stats., 103), dividing- the District of 
Columbia into two counties, prescribes "and the said river in its whole 
course through said District shall be taken and deemed to all intents 
and purposes to be within both of said counties," so that the whole 
breadth of the river proper became a part of the two counties, in com- 
mon for all purposes. 

CENSUS. 

The population of the District from 1790 to 1908 has been as follows: 



1790. 
1800. 
1810. 
1820 . 
1S30. 
1840. 
1850. 
1860. 
1870. 
1878. 
1880. 
1885. 
1888. 
1890. 
1894. 
1897. 
1900. 
1906. 
1906. 
1907. 
1908. 



Washing- 
ton. 



3,210 
8, 208 
13, 247 
18, 827 
23, 364 
40, 001 
61, 122 
109, 199 
131,947 
147,293 
173, 606 
179,448 
188, 932 
217,617 
220, 698 
232, 745 
259,100 



George- 
town. 



2,993 

4,9-18 

7,360 

8,441 

7, 312 

8,366 

8,733 

11,384 

11,571 

12,578 

14, 322 

14,345 

14, 046 

15, 747 

16, 809 

(d) 



Wash- 
ington 
County 
(subur- 
ban). 



1, 
2, 
2, 
2, 
3, 
3, 
5, 
11, 
16, 
17, 
cl5, 
24, 
27, 
37, 
41, 
45, 



Alexan- 
dria city. 



2,746 
4,971 
7,227 
8] 218 
8,263 
8,459 
(a) 



Alexan- 
dria 
County 
(subur- 
ban). 



978 
1,325 
1,488 
1,310 
1,.508 
(a) 



Total. 



2,746 

14, 093 

24, 023 

33,039 

39,834 

43, 712 

51,687 

75, 080 

131,700 

160, 051 

177, 624 

203, 459 

21S, 157 

230, 392 

270, 619 

277, 782 

278, 718 

323, 123 

326, 435 

329, 591 

339, 403 



Colored 
included 
in total. 



2,472 
5, 126 
7,278 
9,110 
9,819 
13, 746 
14, 216 
43, 403 
53, 624 
59, 402 
67, 188 
72, 622 
75, 572 
87, 034 
88, 326 
87, 186 
96, 695 
96, 018 
96, 188 
97, 483 



Slaves 
included 
in col- 
ored. 



2,072 
3,554 
4,520 
4,505 
3,320 
3,687 
3, 185 



a Alexandria city and county re-ceded to Virginia in 1846. 

bSee under head of "Abolition of African slavery," infra. The decrease in population of Alexan- 
dria County in 1830 was due to absence of slaves and other residents thereof employed in construct- 
ing the Chesapeake and Ohio Canal. 

cThe item of 15,531 for suburban census of 1885, although apparently erroneous, agrees with the 
official returns. 

d Georgetown became a part of Washington February 11, 1895, pursuant to an act of Congress of that 
date. The population of that part of Washington according to the census of 1900 was 14,549. 

The census for 1800 and each subsequent decade was taken bv the United States: for the year 1878 
by the board of assessors, and for the years 1885, 1888, 1894, 1897, 1905, 1906, 1907, and 1908 by the Metro- 
politan police department. 

ABOLITION OF AFRICAN SLAVERY. 

African slavery in the District of Columbia was abolished April 16, 
1862, by the act of Congress approved on that date, and entitled "An 
act for the release of certain persons held to service or labor in the 
District of Columbia" (11 Stats,, 376), which provided, among other 
things: 

That all persons held to service or labor within the District of Columbia by reason 
of African descent are hereby discharged and freed of and from all claim to such 
service or labor; and from and after the passage of this act neither slavery nor invol- 
untary servitude, except for crime, whereof the party shall be duly convicted, shall 
hereafter exist in said District. ' 

This act also directed the President of the United States to appoint 
three commissioners to appraise and apportion the value and validity 
of claims of "all persons loyal to the United States" "for service or 
labor against persons discharged therefrom by this act," "not to 

74986—09 2 



16 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

exceed in the aggregate an amount equal to three hundred dollars for 
each person .shown to liave been so held by lawful olaini." One mil- 
lion dollars was appropriated in the act to carry it into eli'ect, and 
$100,000 more to aid in colonizing in Haiti, Liberia, or such other 
countr}' as the President might determine, such free persons of 
African descent then residing in the District as desired to emigrate. 

Trade in slaves in the District was by act of September 20, 1850, 
prohibited after January 1, 1851. (9 Stats., 467.) 

PENAL DISCRIMINATION ON ACCOUNT OF COLOR DISCONTINUED. 

Persons of color were made subject to the same penalties as free 
white persons, and no other, for violations of law on and after May 21, 
1862. (12 Stats., 107.) 

OWNERSHIP OF LAND BY ALIENS. 

Section 6 of the act of the State of Maryland "concerning the Ter- 
ritory of Columbia and the city of Washington," passed December 19, 
1791, provides: 

That any foreigner may, by deed or will hereafter to be made, take and hold lands 
within that part of the said Territory which lies within this State in the same man- 
ner as if he were a citizen of this State; and the same lands may be conveyed by him 
and transmitted to and inherited by his heirs or relations as if he and they were 
citizens of this State: Prorklcd, That no foreigner shall, in virtue thereof, be entitled 
to any further or other privilege of a citizen. 

The object of the foregoing legislation was, as stated in the pre- 
amble to said act, "that avowing foreigners to hold land within the 
said Territory will greatly contribute to the improvement and popu- 
lation thereof (p, 94)." 

This privilege was substantially modified by subsequent acts of Con- 
gress and is now governed by sections 396 and 397 of the code of 
laws for the District of Columbia, as follows: 

It shall be unlawful for any person not a citizen of the United States or who has 
not lawfully declared his intention to become such citizen, or for any corporation 
not created by or under the laws of the United States or of some State or Territory 
of the United States, to hereafter acquire and own real estate, or any interest therein, 
in the District of Columbia, except such as may be acquired by inheritance: Provided, 
That the prohibition of this section shall not apply to cases in which the right to 
hold and dispose of lands in the United States is secured by existing treaties to the 
citizens or subjects of foreign countries, which rights, so far as they exist by force of 
any such treaties, shall continue to exist so long as such treaties are in force, and no 
longer, and shall not apply to the ownership of foreign legations or the ownership of 
residences by representatives of foreign governments or attaches thereof. 

No corporation or associationX)f which more than twenty per centum of the stock is 
or may be <nvned by any person or persons, cor]ioration or corporations, association or 
associations not citizens of the United States shall hereafter acquire or own any real 
estate hereafter acquired in the District of Columl>ia. 

All property acquired or held or owned in violation of the provisions of this chap- 
ter shall be forfeited to the United States. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 17 

SUFFRAGE. 

The right to vote in the District of Columbia for President of the 
United States and other national officers, which was extant at the 
time the territory embraced in the District was ceded to Congress, was 
exercised by the qualified voters in the District in the Presidential 
election of November, 1800. It remained in force until the first Mon- 
day in December, 1800, when, as announced in the opinion of Justice 
Cranch, hereinbefore mentioned, the exclusive jurisdiction of Congress 
over the District took efi'ect. 

The qualifications of voters in the portion derived from Maryland 
were at that time as follows: 

All free men above 21 years of age having a freehold of 50 acres of land in the 
county in which they offer to vote, and residing therein, and all free men having 
property in this State above the value of £30 current money, and having resided in 
the county in which they offer to vote one whole year next preceding the election, shall 
have a right of suffrage, etc. (Constitution of Maryland.) 

When the District ceased to be a part of Maryland, its residents, no 
longer being residents of any county of Maryland, consequently lost 
the right to vote in the elections of that State. 

The qualification of voters in the portion of the District derived 
from Virginia at the time of the cession was the possession of a cer- 
tain amount of real property in the county in which the vote was cast. 
(Vol. 8, p. 306, Hening's Statutes at Large of Virginia.) When that 
part of the District ceased to be under the jurisdiction of any county 
of Virginia, that right of sufi'rage in the District accordingly expired. 

Although the citizens of the District of Columbia ceased to vote for 
national officers after the first Monday in December, 1800, they were 
subsequently vested with the right of suffrage in municipal matters, 
as hereinafter shown under the head of "The cities of Washington and 
Georgetown,'' and the form of municipal government created by the 
act of Congress of February 21, 1871, but that right has not existed in 
the District since June 20, 1874, when the latter form of government 
was abolished. 

FORMS OF LOCAL GOVERNMENT. 

A brief account of the several forms of local government which have 
been in operation in the District since its establishment as the seat of 
the General Government is hereinafter given under the heads of "The 
city of Washington," "Georgetown," "The levy court," and "The 
District of Columbia." 

THE CITY OF WASHINGTON. 



The locality in the District of Columbia designated "the city of 
Washington" occupies a peninsula formed by the main and eastern 
branches of the Potomac River. It embraces the Federal city as laid 



18 GOVERNMENT OK THE DISTRICT OF COLUMBIA. 

out by the commissioners appointed in 1791 and the town of George- 
town, which was consolidated with it February 11, 1895, by an act of 
Congress of that date. (28 Stats., 050.) 

The city as it existed prior to its consolidation with former George- 
town was established pursuant to the provisions of section 8 of the 
act of Congress of July 16, 1790, entitled "An act for establishing 
the temporary and permanent seat of the Government of the United 
States'"" (1 Stats., 130), which provided that the eonimissionors ap- 
pointed under section 2 of said act to define the limits of the District 
of Columbia should have the power * to purchase or accept such 
quantity of land on the eastern side of said (Potomac) river, within 
the said District, as the President shall deem .proper for the use of 
the United States, and according to such plans as the President shall 
approve; the said commissioners, or any two of them, shall, prior to 
the first Monday in December, in the year one thousand eight hun- 
dred, provide suitable buildings for the accommodation of Congress, 
and of the President, and for the public offices of the Government of 
the United States. " 

The city was located in the portion of the District ceded by Mary- 
land conformably to the requirement of the act of March 3, 1791 (1 
Stats., 214), amendatory of the act of July 1(5, 1790, ''that nothing 
herein contained shall authorize the erection of the public buildings 
otherwise than on the Maryland side of the river Potomac." 

JU)UNI)AR1ES OF THE CITY OF WASHINGTON. 

The boundaries of the city of Washington were never specifically 
defined by acts of Congress, but those of the city as it existed prior 
to the annexation of Georgetown were incidentalh^ fixed by the Presi- 
dent of the United States, pursuant to the discretion vested in him b}' 
section 3 of the act of July lO, 1790, which empowered the commis- 
sioners appointed under that act to purchase or accept land and pro- 
vide buildings for the accommodation of Congress, the President, and 
the public offices, as the President might deem proper. In the exer- 
cise of that discretion the President appro\ed of the plan embracing 
the land deeded by th(; proprietors to said commissioners, in trust, to 
be laid out for a Federal city and which is bounded in the deeds as 
follows (p. 91): 

Beginning on the east wide of Rock Creek, at a Htone standing in the middle of the 
main road leading from Georgetown to Bladensburg; thence along the middle of 
the said road to a stone standing on the east side of the Reedy Branch of Goose 
Creek; thence southeasterly, making an angle of sixty-one degrees and twenty 
minutes with the meridian, to a stone standing in the road leading from Bladens- 
burg to the Eastern Branch ferry; thence south to a stone eighty poles north of the 
east and west line already drawn from the mouth of Goose Creek to the Eastern 
Branch; then east parallel to the said east and west line to the Eastern Branch; 
thence, by and with the waters of the Eastern Branch, Potomac River, and Rock 
Creek, to the beginning. 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 19 

These boundaries are also recognized in an act of the legislature of 
Maryland, passed December 19, 1791, entitled "An act concerning the 
Territory of Columbia and the city of Washington" (p. 96). 

By an act of Congress approved August 18, 1856 (11 Stats., 120), the 
bounds of the corporation of the city of Washington were extended so 
far as to comprehend the lower Eastern Branch or Navy -Yard Bridge. 

The bounds of the city of Washington and of the county of Wash- 
ington were also extended so far as to embrace the causeway and bridge 
across the Potomac to the opposite shore, and those corporations 
empowered to adopt and enforce such rules and regulations as they 
might deem necessary for the safety and security of property and of 
persons passing the said causeway and bridge. (March 3, 1839; 5 
Stats., 365.) 

These boundaries were enlarged by the consolidation of Georgetown 
and the city of Washington by the act of Congress approved February 
11, 1895. 

AREA. 

The city of Washington as first established contained 6,110.94 acres; 
but on February 11, 1895, its area was increased by the annexation 
of Georgetown, whose precise extent has never been determined, but 
which is estimated by the Surveyor to contain 543 acres. 

PRELIMINARY AGREEMENT OF PROPRIETORS. 

The owners of the land, in consideration of the great benefit they 
expected to derive from having the Federal city laid off upon their lands, 
etc., entered into a preliminary agreement with the commissioners, 
April 12, 1791, to convey the land in trust for that purpose (p. 85). 

PROCUREMENT OF THE SITE. 

The proprietors of the 6,110.94 acres conveyed the same on June 29, 
1791, in trust to two trustees, Thomas Beall and John Mackall Gantt, 
"to be laid out for a Federal city, with such streets, squares, parcels, 
and lots as the President of the United States for the time being shall 
approve" (p. 92). 

Those trustees were required to convey, "for the use of the United 
States forever," to the commissioners appointed to lay out the District 
and city all the said streets and such of the said squares, parcels, and 
lots as the President might deem proper for such use. 

The interest of the State of Maryland in the site was, by the legis- 
lature of that State, on December 19, 1791, vested in the same trus- 
tees, subject to the same terms and conditions as those to which the 
said proprietors had subjected their land (p. 97). 



20 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

BOUNDARIES OK THK TRACTS OK THK ORIGINAL PROI'KIKTOKS. 

The border lines of the lands of the several orig-inal owners of the 
site of the city of Washington, exclusive of former Georgetown, were 
laid down on the land, as a preliminar}^ engineering groundwork, by 
Major L'Enfant in designing the map of the Federal city, and the 
plan of the city was subsequently mapped out over these lines. These 
lines appear on the portfolio maps made by Nicholas King. The 
King set of maps was reproduced by the United States Coast and 
Geodetic Survey Office, approved for publication by the superintend- 
ent of that office April 4, 1884, and duly pu])lished by that office for 
distribution. Mr. King also compiled them into a map aljout 5 feet 
square, which is called the King map of 1803. These farm lines are 
marked across the respective squares in the records of the apportion- 
ment of lots between the original proprietors and the first commis- 
sioners. These records, with the King maps, are in the custody of the 
officer in charge of public buildings and grounds. Tn 1884 Mr. John 
M. Stewart, civil engineer, of the office of the commissioner of public 
buildings and grounds, published a condensed map showing these 
lines, which is generally considered an authority in determining who 
were the original proprietors of the land embraced in lots, and in 
several cases ha." been so accepted bv the local courts. 

TTIK DESKiNINc; OK THE PLAN OF THE CITY. 

The credit of designing the plan of Washington is mainly due to 
Maj. Pierre Charles L'Enfant, who was employed for that purpose, 
but frequently conferred with President Washingion and others Avhose 
views had a material influence in the matter. His plan, without sub- 
stantial alteration, was approved by President Washington in August, 
1791. His employment in that capacity was discontinued March 1, 
1792. 

The following reference by President Washington to the subject 
will be of interest: 

That many alterations have been made from L'Enfant's plan bj' Major Ellioott, 
with the approbation of the Executive, is not denied; that some were essential is 
avowed; and had it not been for the materials which he happened to possess it is 
probable that no engraving from L'Enfant's drafts ever would have been exhib- 
ited to the public, for after the disagreement took place between him and tlie com- 
missioners his obstinancy threw every difficulty in the way of its accomplishment. 

Andrew Ellicott succeeded Major L'Enfant. He had assisted him 
in surveying the site, and was directed to ''tinish the laying of the 
plan on the ground," and to prepare a plan from the materials gathered 
and from the information obtained by him while assisting L'Enfant 
in making the surveys. His plan, which was substantiall}'^ that of 
L'Enfant, was the first plan engraved and published for distribution. 
Its publication and promulgation were alluded to by President Wash- 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 21 

ington as "giving- the final and regulating stamp to the city of Washing- 
ton." The general features of this plan have stood the test of time so 
well that Congress, by an act approved August 27, 1888 (25 Stats., 451), 
directed that ' ' no future subdivisions of land in the District of Colum- 
bia without the limits of the cities of Washington and Georgetown 
shall be recorded in the surveyor's office of said District unless made in 
conformit}^ with the general plan of the city of Washington," and 
adopted it in the general highway-extension law of March 2, 1893 
(27 Stats., 532). 

THE FEE SIMPLE TO THE STREETS AND RESERVATIONS. 

In consequence of disputes as to the meaning of portions of the deed, 
the trustees refused to convey the streets and reservations to the com- 
missioners appointed to lay out the city; but the Supreme Court of 
the United States decided that the fee simple therein was vested in the 
United States. (John P. Van Ness and Marcia, his wife, complainants, 
appellants, v. The Mayor, Aldermen, and Board of Common Council of 
the City of Washington and the United States of America, defendants, 
4 Peters, 232.) This relates onl}!- to the streets and avenues of the 
city of Washington as it existed prior to its consolidation with 
Georgetown. 

DISTRIBUTION OF LOTS. 

The deed in trust directed that a fair and equal division should be 
made of the land not taken for streets, squares, parcels, and lots for the 
use of the United States; that the lots assigned to the proprietors 
should be conveyed to them by the trustees, and that the other lots be 
sold as the President might direct; the proceeds of such sales to be first 
applied to the payment, in mone}^, to the proprietors for the land set 
apart for the use of the United States, excepting the streets, at £25, 
or %QQ'i per acre," and the remainder to providing public buildings as 
contemplated b}^ sections 3 and 1 of the act of July 16, 1790. 

While the trustees, by a deed dated November 30, 1796, conveyed to 
the commissioners appointed to lay out the city such lands as were 
allotted to the United States, no reconveyance was made by the trustees 
to the original grantors of the lands to which they were entitled under 
the trust deeds. The act of the Maryland legislature of December 19, 
1791 (p. 100), however, which ratified the cession of the territory 
selected as the site of the District, provided that the commissioners 
should have recorded every allotment and assignment to the respective 
proprietors. 

These entries of allotment, together with the certificates thereof, 
are the only evidence of title of the original grantors to the portions 

« Pennsylvania currency, then adopted in Pennsylvania, New Jersey, Maryland, 
and Delaware. 



22 aoVERNMENT OF THE DISTEICT OF COLUMBIA. 

to which they were entitled under the provisions in their trust deeds. 
(See opinion of Attorn(\v-General Gushing, dated August 1, 1855.) 
The land was divided as follows: 

Acres. 

Total number of acres taken for the city fi, 110. 94 

Donated to tlic United States for avenues, streets, and alleys '^, 606 

Donated to til e Tnited States, 10,13(5 building lots 982 

Bought by the United States for ])ul)lic buildings and use 541 

Total number of acres taken by the United States 5, 129 

10,136 lots given back to former owners 981. 94 

A list of the lots so assigned to the original proprietors, with names 
and dates, is contained in Senate Document No. 18. P'ifty-seventh Con- 
gress, first session. 

The act of the same State, entitled "A further supplement to the 
act concerning the Territory of Columbia and the city of Washing- 
ton," approved December 28, 1793, prescribed: 

That the certificates granted, or which may be granted, by the said commissioners, 
or any two of them, to purchasers of lots in the said city, with acknowledgment of 
the payment of the whole purchase inoney, and interest, if any shall have arisen 
thereon, and recorded agreeably to the directions of the act concerning the Territory 
of Columbia and city of Washington, shall be sufhcient and effectual to vest the legal 
estate in the purchasers, their heirs and assigns, according to the import of such cer- 
tificates, without any deed or formal conveyance (p. 114). 

As the 541 acres for public buildings and reservations were reqiured 
to be paid for out of the first proceeds of the sale of the lots donated 
to the Government, it will be seen that of the 6,111 acres 5,129, or 
five-sixths of the whole, were a gift to the Government. Thus the 
United States not only got without cost the fee simple in the streets 
and avenues and the sites and grounds for the Capitol and other pub- 
lic buildings, but received a large amount of moneys from the net pro- 
ceeds of the sales of the alternate building lots apportioned to it. 

NAMING THE CITY. 

The first ofiicial mention of the city by name was in a letter of the 
original commissioners to Major L' Enfant, dated September 9, 1791, 
in which they state: "We have agreed that the Federal district shall 
be called the Territory of Columbia and the Federal city the city of 
Washington," although they had no statutory authority to name either 
of them (p. 91). 

The first reference to it by its present name, in an act of Congress, 
is in the title of "An act authorizing a loan for the use of the city of 
Washington, in the District of Columbia, and for other purposes therein 
mentioned,-' approved May 6, 1796 (1 Stats.. 461), but the name does 
not occur in the body of the law. It is mentioned by that name in an 



GOVERNMENT OF THE DISTRICT OP^ COLUMBIA. 23 

act of Maryland, entitled "An act concerning the Territory of Columbia 
and the city of Washington," approved December 19, 1791 (p. 97). 

The most explicit statutory application of the name by Congress is in 
the act of February 21, 1871, which prescribes that " that portion of said 
District included within the present limits of the city of Washington 
shall continue to l)e known as the city of Washington." (16 Stats., 
428.) 

THE FIRST CITY OFFICIALS. 

The first officials of the Federal city were the President of the 
United States, the three commissioners appointed by the President 
under act of July 16, 1790, and, to a limited extent, the officers of the 
lev}^ court. On July 1, 1802, the office of the three commissioners 
was abolished by section 1 of "An act to abolish the board of commis- 
sioners in the city of Washington, and for other purposes," approved 
May 1, 1802 (2 Stats., 175), which directed the commissioners to 
deliver all their official records and property relating to said city to an 
officer created by said act and styled " superintendent," to be appointed 
by the President, and to succeed to all the powers and duties of said 
commissioners. 

This office of " superintendent" was abolished March 3, 1817, by the 
operation of an act of Congress approved April 29, 1816 (3 Stats., 324:), 
which in lieu thereof created the office of one commissioner to super- 
intend public buildings, and succeed to all the powers and duties of the 
former three commissioners and of said superintendent, but to '' hold 
no other office under the authority of the United States." 

The office of commissioner in charge of public buildings so created 
was abolished and its duties and powers transferred to the Chief of 
Engineers of the United States Army by an act of Congress approved 
March 2, 1867. (14 Stats., 466.) 

The duties which where thus transferred to the Chief of Engineers 
were, with subsequent additions and changes, those which related to 
the supervision of the national public buildings and grounds in the 
city of Washington, excepting the care and improvement of the streets 
and other public highways. 

The duties which commonly appertain to municipal control were, as 
hereinafter stated, intrusted to the inhabitants of the city of Washing- 
ton by an act incorporating them for that purpose. 

THK FIRST CHARTER OF THE CITY OF WASHINGTON. 

The first incorporation of the inhabitants of the city of Washington 
was effected by an act of Congress approved May 3, 1802. (2 Stats., 
195.) This charter provided for a ma3'^or appointable by the President 
of the United States, and a cit}^ council to be elected b}^ the people. 
This charter was modified by subsequent acts of Congress. The first 
mayor was appointed in June, 1802, and was reappointed annually and 



24 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

served until the second Monday in June, 1812. An act of Congress of 
May 4, 1812 (2 Stats., T21), devolved the duty of electing a mayor, to 
take office on the second Monday of each subsequent June, upon the city 
council, which was elected b}'^ the qualified voters of the city. That 
method was in force until the first Monday of June, 1820, from which 
date, pursuant to an act of Congress approved May 15, 1820, the 
mayor was elected b}'^ the people for terms of two years until May 
31, 1871, on which date the charter of the corporation expired pursu- 
ant to the provisions of an act of Congress approved February 21. 
1871, entitled "An act to provide a government for the District of 
Columbia" (16 Stats., 419), which continued the name of the city of 
Washington, but only as a local designation. (A list of the principal 
officials of the city is contained in Senate Document No. 238, Fifty- 
fifth Congress, second session, by Wilhemus B. Bryan, esq.) 

NAMING THE STREETS. 

The commissioners who first named the city also stated in their let- 
ter of September 9, 1791, informing Major L'Enfant of their action 
in that respect: 

We have also agreed that the streets be named alphabetically one way and numer- 
ically the other; the former to be divided into north and south and the latter into 
east and west numbers from the Capitol (p. 95). (See also "Naming the Avenues," 
p. 25.) 

WIDTH OF HIGHWAYS. 

The widths of the streets within the citj^ of Washington, between 
the building lines, are: 

North and South Capitol, 130; East Capitol, 160; Boundary, or 
Florida avenue, 80; Water, 60 and 80; Maine," 85; Missouri," 85. 

North: ABODE FGHIKLMNOPQRSTUVW 
90 90 80 70 90 100 90 90 90 147.890 90 80 90 90 90 90 90 90 90 80 80 

South: ABCDEFGHIKLMNOPQR STUVW 
90 90 80 90 90 70 100 80 90 80 90 90 90 85 85 85 85 85 85 80 80 40 

East: i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 
80 110 90 90 85 100 85 90 100 90 80 90 112 90 100 90 80 100 80 80 100 80 
22 23 24 
80 80 80 

West: J 1 2 3 a4 "4J 5 6 7 8 9 10 11 12 13 13^ 14 15 16 17 
80 90 90 110 80 110 80 100 85 100 85 85 111.5 85 110 70 110 110 160 110 
18 19 20 21 22 23 24 25 26 27 28 
90 110 90 90 90 100 90 90 80 70 80 

o Maine and Missouri streets are commonly called "avenues;" but the act of the 
corporation of the city of Washington, approved March 23, 1826, by which they 
were named, designates them as streets. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 25 

Outside the city: Not less than 90 feet, except streets existing 
March 2, 1893 (27 Stat., 532), or streets 00 feet wide, with a building- 
restriction line to make it 90 feet (31 Stat,, 248). 

WIDTH OF AVENUES. 

In THE city: Connecticut, 130; Delaware, 160; Georgia, 160; Indi- 
ana, 160; Kentuck}^ 120; Louisiana, 160; Maryland, 160; Massachu- 
setts, 160. (See footnote as to Maine and Missouri avenues, so called.) 
New York, east of Fifteenth street, 130; New York, west of Seven- 
teenth street, 160; New Jersej^, 160; North Carolina, 160; New Hamp- 
shire, 120; Ohio, 160; Pennsylvania, east of Fifteenth street, 160; 
Penns3^1vania, west of Seventeenth street, 130; Khode Island, 130; 
South Carolina, 160; Tennessee, 120; Vermont, 130; Virginia, Mall to 
Eastern Branch, 160; Virginia, B street to Rock Creek, 120. 

Outside the city: Not more than 160 feet nor less than then ex- 
isting width in case of avenues existing March 2, 1893 (27 Stat., 532). 

NAMING THE AVENUES. 

Neither the acts of Congress nor the records of the commissioners 
under whose direction and surveillance the city of Washington was 
established contain authority for nor account of the naming of the 
avenues in that city, other than the incidental recognition of those on 
the Dermot map of 1795, which was formally adopted by President 
Washington in his letter of March 2, 1797, to the trustees appointed 
to lay out the federal city; but by an act of Congress, approved Feb- 
ruary 16, 1904 (33 Stats., pt. 1, 14), the Commissioners of the Dis- 
trict of Columbia are directed to name or rename streets, avenues, 
alleys, highwaj's, and reservations in that part of the District outside 
of the city of Washington under such system as they shall see fit. 

ORIGINAL ALLEYS. 

President Washington, in his order of October 17, 1791, regulating 
the manner and materials for building in the city of Washington, 
states: " The way into the squares being designed in a special manner 
for the common use or convenience of the occupiers of the respective 
squares the property in the same is reserved in the public, so that 
there may be an immediate interference on any abuse of the use thereof 
by any individual to the nuisance or obstruction of others.'' (Webb's 
Digest, p. 57.) 

«The name of Four-and-a-half street NW. was changed to Fourth street NW. 
June 6, 1900. (31 Stats., 668.) The name of that portion of Fourth street NW., 
formerly a part of Four-and-a-half street, extending from D street to Pennsylvania 
avenue, was changed to John Marshall place March 1, 1901. (31 Stats., 828.) This 
street is therefore John Marshall place from North D street to Pennsylvania avenue; 
Fourth street from that avenue to the middle of the Mall, and Four-and-a-half street 
thence south. 



26 GOVERNMENT OF THE DISTRICT OF COLUMEIA. 

(JEORGETOWN, 

The part of Wa.shino-ton which was lormerly Georj>etown was laid 
out pursuant to an act of the province of Maryland dated Juno 8, 1751 
(p. 128), passed in response to a petition of several inhabitants of Fred- 
erick County, in said State. This act appointed seven connnissioners 
to purchase 60 acres belonging to Messrs. George Gordon and George 
Beall, on the Potomac River, '"above the mouth of Rock Creek, adjacent 
to the inspection house in the county aforesaid,'' and to cause the said 
60 acres to be "surveyed, divided, and laid out, as near as conveniently 
may be, into 80 equal lots, allowing- sufficient space or quantity thereof 
for streets, lanes, and alleys. The act then adds that upon the com- 
pletion of said proceedings the locality is "erected into a town, and 
shall be called by the name of Georgetown."' It was never incorpo- 
rated as a city, but was commonly called the city of Georgetown as a 
consequence of the casual reference to it by that title in numerous acts 
of Congress; unless a purpose to create it a cit}^ may be inferred from 
the clause in the act of Congress of February 21, 1871, which directs 
that " that portion of said District included within the limits of the 
city of Georgetown shall continvie to ])e known as the city of George- 
town." (16 Stats., 128.) 

The boundaries and jurisdiction of Georgetown were extended and 
detined by the following enactments of Maryland and Congress: Acts 
of Maryland passed December 26, 1783 (p. ISi); January 22, 1785 
(p. 134); and December 25, 1789 (p. 136); and acts of Congress 
approved March 3, 1805 (2 Stats., 335); March 3, 1809 (ib., 537); June 
4, 1813 (3 Stats., 1); January 14, 1823 (6 Stats., ^80); March 3, 1826 
(4 Stats., 140); May 25, 1832 (ib., 518); July 4, 1836 (6 Stats., 683); 
July 27. 1842 (5 Stats., 497); February 27, 1845 (6 Stats.. 927). 

Under the statute of March 3, 1805, the "Fen wick map" adopted 
by the act of March 3, 1809, was prepared. The extension of March 
3, 1826, was made to include the residence of John Cox to enable him 
to retain his residence and be eligible to hold the office of mayor. 

The general supposition is that the town was named in honor of 
George II, then th(^ reigning sover<Mgn of Great Britain, bi't it is also 
contended that it was named as a compliment to the two (reorgesfrom 
whom the site was obtained. 

The commission, whose mem])ership was reiJuced to five in 1784, 
continued to exercise the local municipal authority in the town until 
December 25, 1789, when the town was incorporated b}^ an act of the 
general assembly of Maryland of that date, with a mayor, recorder, 
aldermen, and common council (p. 136). The first mayor was appointed 
by that act for one year, to commence January 1, 1790. The office was 
thereafter filled annually on the first Monday of January by the votes 
of the mayor, recorder, and common council, or in an analogous manner, 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 27 

until the fourth Monday of February, 1831. The office was then and 
thereafter biennially filled by vote of the people. 

The streets of this part of Washington generally run due north and 
south and east and west. 

By an arbitrary order of the District Commissioners, dated October 
4, 1880, the north and south streets were renamed from Twenty-sixth 
to Thirty-eighth, both included, in continuation of the western series 
of the streets, of Washington having the same general direction; and 
the east and west streets from K (or Water) to W, in order to agree as 
nearly as practicable with the corresponding streets in Washington. 

A few streets, viz, Prospect, Dumbarton, Olive, Jefferson, Valle}', 
Potomac, Grace, and Needwood, were so situated as not to admit of 
designation under either of those systems. 

The streets are 60 feet wide from building line to building line, 
except K, which is TO; M, 82i; Thirty-fifth, 80; Thirty-second from 
K to the angle south of N, 82i; Valley, 33; Mill, 33, and Poplar, 40. 

The Commissioners were directed by the act of February 11, 1895, 
consolidating W^ashington and Georgetown, to cause the nomenclature 
of the streets and avenues of the latter to conform to those of the 
former as far as practicable, but have never acted under that require- 
ment. 

The streets in the part of Georgetown laid out under the act of 
Maryland of June 8, 1751, were acquired by the public in practically 
the same manner in which the title to the original streets of the city 
of W'ashington was derived, but the status of those streets, unlike the 
status of the original streets and avenues of the original city of Wash- 
ington, has never been judicially determined. 

Georgetown had been enlarged b}^ numerous additions, until, as 
calculated by the surveyor of the District, it embraced about 543 acres. 

Its charter was revoked May 31, 1871, by the act of Congress of 
February 21, 1871, aforesaid, by which its name was retained as a 
topographical designation, until its consolidation with Washington b}'' 
the act of February 11. 1895 (28 Stats.. 650), as follows: 

AN ACT changing the name nf Geurgetown, in tlie District of Columbia, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That from and after the passage of this act all that part of the 
District of Columbia embraced within the bounds and now constituting the city of 
Georgetown, as referred to in said acts of February twenty-first, eighteen hundred 
and seventy-one, and June twentieth, eighteen hundred and seventy-four, shall no 
longer be known by the name and title in law of the city of Georgetown, but the 
same shall be known as and shall constitute a part of the city of Washington, the 
Federal catital; and all general laws, ordinances, and regulations of the city of 
Washington be, and the same are hereby, extended and made applicable to that part 
of the District of Columbia formerly known as the city of Georgetown; and all gen- 
eral laws, regulations, and ordinances of the city of Georgetown be, and the same 
are hereby, repealed; that the title and existence of said Georgetown as a separate 



28 governmp:imt of thk district of Columbia. 

and iudi'pendent city by law is hereby aboli^^hed, and that the CommiH^ioners of the 
District of Cohimbia be, and they are hereby, dire(;ted to canse the nomenclature of 
the streets and avenues of Geoi"getown to conform to those of Washington so far as 
practicable. And the said Commissioners are also directed to have the squares in 
Georgetown renumbered, so that no square shall hereafter bear a like number to any 
square in the city of Washington: Provided, That nothing in this act shall ojterate 
to affect or repeal existing law making Georgetown a port of entry, except as to its 
name. 

THK T.KVV CU1UKTS. 

When the District of Coliinibi:i >viis iir.st e.stablished the local public 
affairs of that portion of its territor}^ located in Marj'land were admin- 
istered by two bodies, which had jurisdiction over the portions dcri\od 
from Prince George County and from Montoomery County, respec- 
tively, and were composed of justices of the peace, who were commis- 
sioned ])}' the governor and council of that State as "justices of the 
lev}^ court." 

The jurisdiction for the same purposes in the portion derived from 
Virginia at that time reposed in the county courts of that State. 

No subsequent legislation seems to have been enacted by Congress 
relative to the jurisdiction of the iQxy court of the county of Alex- 
andria except as such jurisdiction was affected by the act receding that 
county to Virginia, hereinafter mentioned. 

By section 11 of an act of Congress approved February 27, 1801 
{2 Stats., 107), the President of the United States was directed to 
appoint, in and for each of said counties, an indelinite number of 
justices of the peace, to continue in office for five years. Section -1 of 
an act approved March 3, 1801 (ib., 115), constituted these magistrates 
a "board of commissioners," with the same powers and duties as those 
then performed by the lev3'^ courts of Maryland. 

Under the above-mentioned and subsequent laws of Congress the 
levy courts administrated the local government affairs of that part of 
the District of Columbia situated outside of the city of AVashington 
and of Georgetown. 

The membership of the court for that ])art of the District derived 
from Maryland was fixed at seven by the act of July 1. 1812 
(2 Stats., 773), to be annually designated by the President of the 
United States from among the existing magistrates of the county; 
two from east of Rock Creek, outside of the city of Washington; two 
from west of Rock Creek and outside of Georgetown, and three from 
Georgetown. The cit}^ of Washington, although not represented in 
the court, was required b}^ section 11 of the same act to bear and 
defray equal!}'' with the other parts of the county the genei'al count}^ 
expenses and charges, other than for the expenses of i\u\ roads and 
bridges outside of the limits of Washington and Georgetown; but by 
section 1«> of the act of :\Iay 17. 1S48 (0 Stats.. 230), the President was 
directed to appoint ionr members froui the city of Washington in 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 29 

addition to the seven appointable from the other portions of the 
District. • 

The requirement that tlie membership of the court should be 
selected from among- the justices of the peace for the county of Wash- 
ington was repealed May 3, 1862, bj^ an act of that date (12 Stats., 
384, sec. 8). 

By an act approved March 3, 1863 (12 Stats., 799), the membership 
of the court was reduced to nine persons, without respect to their 
occupations, to be appointed by the President and confirmed by the 
Senate, in such manner that the terms of one-third of the members 
should expire annuall3^ Its jurisdiction and functions were specific- 
ally prescribed b}' that act and remained substantiall}^ as so estab- 
lished until May 31, 1871, when the court was abolished by the act of 
February 21, 1871 (16 Stats., 428, sec. 40), which consolidated the 
local governments in the District into one municipality. 

FIRST MUNICIPAL GOVERNMENT OF THE ENTIRE DISTRICT OF COLUMBIA. 

The act of Congress of February 21, 1871, which revoked the char- 
ters of the corporations of the city of Washington, Georgetown, and 
the levy court of the county of Washington, established in their stead 
a single municipal government named the District of Columbia, All 
valid laws and ordinances then existing in the District were, by said 
act, continued in force. The new municipality consisted of a governor, 
a board of public works composed of the governor and four other per- 
sons, a secretary, a board of health, a legislative assembly consisting" 
of a council of 11 members and a house of delegates consisting of 22 
members, and a Delegate in the House of Representatives of the 
United States. 

The g-overnor, the board of public works, the secretary, the board 
of health, and the council were appointed by the President of the 
United States, b}' and with the consent of the Senate. The members 
of the house of delegates and the Delegate in the House of Repre- 
sentatives were elected by the qualified voters of the District of Colum- 
bia. The official term of the governor, members of the board of 
public works, the secretary, and the members of the board of health 
was four years; the term of the members of the council and the Dele- 
gate to Congress two years, and the term of the members of the house 
of delegates one year. 

SECOND MUNICIPAL GOVERNMENT OF THE ENTIRE DISTRICT OF 

COLUMBIA. 

On June 20, 1874, by an act of Congress of that date (18 Stats., 116), 
the form of government established by the act of February 21, 1871, 
was abolished, and the executive municipal author it}^ in the District 
temporarily vested in three Commissioners appointed by the President 



30 GOVERNMENT OF THE DISTRICT OF COLUMBTA. 

of the United States and confirmed by the Senate, who succeeded in 
general to the powers and dutfos of the g-ovcrnor and the board of 
public works, and were assisted b}^ an oflicor of the Engineer Corps of 
the United States Armj^ detailed for that purpose under the require- 
ments of the first-named act. 

This temporary form of government existed until July 1, 1878, when, 
pursuant to an act of Congress of June 11, 1878 (20 Stats., 102), it was 
succeeded by the present form, for which see pages 141, et sequentes. 



Appendix 1. 

[Abstract of proceedings of Congress relative to locating the seat of government, carefully compared 
with the original records in the Library of Congress by Mr. Louis C. Wilson, assistant secretary to 
the Commissioners.] 

The Congress of the Revolution first met at Philadelphia, Monday, 
September 5, 1774, and continued to hold its sessions there until 
Wednesday, December 12, 1776, when, in consequence of the approach 
of the British army, it adjourned to Baltimore, where it met on Friday 
the 20th and continued until Tuesda}^, February 27, 1777, when it 
adjourned to meet at Philadelphia on Wednesday, the 4th of March, 
when it met and adjourned from day to da}^ until the 12th of that 
month. 

On Sunday, September 14, 1777, it was — 

Resolved, That if Congress shall be obliged to remove from I'hiladelphia, Lancaster 
be the place where they shall meet. 

It continued to meet in Philadelphia until the 18th of that month, 
and adjourned that evening to meet the next morning. But in the 
meantime the President received a letter from Colonel Hamilton, one 
of General Washington's aids, which intimated the necessity of remov- 
ing immediately from Philadelphia. Agreeably to the resolve of the 
14th it met in Lancaster, in the State of Pennsylvania, on Saturday the 
27th; on the same day adjourned to Yorktown in that State, where it 
assembled on Tuesday the 30th, and continued to meet until Saturday 
the 27th of June, 1778, when, having been informed by a letter from 
General Washington on the 18th (read in Congress on the 20th) that 
the enemy had evacuated the city of Philadelphia, adjourned to that 
city, where it met on Thursday the 2d of Juh. 

On the 4th of June. 1783, it resolved— 

That copies of the act of the legislature of Maryland, relative to the cession of the 
city of Annapolis to Congress for their permanent residence; and also copies of the 
act of the legislature of New York, relative to the cession of the town of Kingston 
for the same purpose, together with the papers which accompanied both acts, be 
transmitted to the executives of the respective States, and that they be informed by 
the President, that Congress have assigned the first Monday in October next for 
taking the said offers into consideration. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 31 

On the 21st of June, 1783, it was resolved by Congress — 

That the President and supreme executive council of Pennsylvania be informed 
that the authority of the United States having been this day grossly insulted by the 
disorderly and menacing appearance of a body of armed soldiers about the place 
within which Congress were assembled, and the peace of this city being endangered 
by the mutinous disposition of the said troops now in the barracks, it is, in the 
opinion of Congress, necessary that effectual measures be immediately taken for 
supporting the public authority. 

Resolved, That the committee, on a letter from Colonel Butler, be directed to con- 
fer, without loss of time, with the supreme executive council of Pennsylvania, on 
the practicability of carrying the preceding resolution into effect; and that in case it 
shall appear to the committee that there is not a satisfactory ground for expecting 
adequate and prompt exertions of this State for supporting the dignity of the Federal 
Government, the President on the advice of the committee be authorized and 
directed to summon the members of Congress to meet on Thursday next at Trenton 
or Princeton, in New Jersey, in order that further and more effectual measures may 
be taken for suppressing the present revolt, and maintaining the dignity and author- 
ity of the United States. 

Resolved, That the Secretary at War be directed to communicate to the commander 
in chief, the state and disposition of the said troops, in order that he may take imme- 
diate measures to dispatch to this city such force as he may judge expedient for sup- 
pressing any disturbances that may ensue. 

Congress did not meet again until the 30th, when they assembled at 
Princeton upon the simimons of the President. 

Tuesday^ July 1, 1783. — On the report of a committee consisting of 
Mr. Hamilton, Mr. Ellsworth, and Mr. Bland, to whom was referred a 
motion of Mr. Hamilton — 

Resolved, That Major-General Howe be directed to march such part of the force 
under his command, as he shall judge necessary to the State of Pennsylvania, in 
order that immediate measures may be taken to confine and bring to trial all such 
persons belonging to the army as have been principally active in the late mutiny, 
to disarm the remainder, and to examine fully into all the circumstances relating 
thereto. 

That in the execution of the foregoing resolution, if any matters shall arise which 
may concern the civil jurisdiction, or in which its aid may be necessary, application 
be made for the same to the executive authority of the State. 

That the executive of Pennsylvania be informed of the foregoing resolutions, and 
requested to afford their assistance whensoever the same shall be required. 

The committee, consisting of Mr. Hamilton, Mr. Ellsworth, and Mr. 
Peters, to whom were referred a letter of the 17th of June, from Col. 
R. Butler, at Lancaster, and sundry papers communicated to Congress 
by the executive council of Pennsylvania, through their delegates, 
having on the 19th of June made a verbal report, and on the 20th of 
the same month, a report in writing, and the written report being on 
the 30th recommitted that they might amend it by adding thereto their 
verbal report, and the report being this day brought in with the 
amendment: 

Ordered., That it be entered on the journal. 
7-1986—09 3 



32 GOVERNMENT OF THE DISTRICT OF COLUMBEA. 

The report is as follows: 

The committee to whom were referred the letters and papers communicated to 
Congress by the executive council of Pennsylvania, through their delegates, report: 

That they had a conference yesterday, as directed, with tTie supreme executive 
council, in which, in the first instance, the propriety of calling out a detachment of 
militia to intercept the mutineers on their march from. Lancaster, was proposed to 
the council, suggesting the danger of their being suffered with impunity to join the 
troops in the barracks, who a few days before had manifested a dangerous spirit by 
an insolent and threatening message sent to Congress in the name of a board of ser- 
geants, and who, it was ai)prehended, would be ready to make common cause with 
those on their march for mutinous purposes. 

That the council having shown a reluctance to call out any part of the militia, 
expressing an opinion that they would not be willing to act, till some outrage should 
have been committed by the troops; there appeared to the committee no alternative 
but to endeavor to dissuade the mutineers from coming to town, and if they failed 
in that attempt, to make use of expedients to prevent the troops in the barracks 
from joining in any excesses, and to induce the detachment from Lancaster to return 
to that place. That in this view, and that at their desire, the assistant secretary at 
war met the detachment then on its march to the city, and endeavored to engage 
them to return to the former place, urging the considerations contained in the 
annexed instructions to him, but the said detachment persisted in their intention of 
coming to this city, and arrived here this morning. That upon conferring with the 
superintendent of finance, they find there is a probability that the paymaster- 
general, to whom the settlement of the accounts of the Army has been committed, 
and who, having all the documents in his possession, can alone execute the business 
with propriety, will shortly arrive from the Army, and will immediately enter upon 
a settlement with the troops in this State; that in the meantime measures will be 
taken to prepare the business for a final adjustment. 

That there will immediately be sent to Lancaster a sum of money to be paid to the 
troops on account of the month's pay heretofore directed to be advanced to them, 
the payment of which has hitherto been delayed by particular circumstances^ 
together with notes for three months' pay, intended to be advanced to the men when 
furloughed. That they have desired this information to be transmitted to the com- 
manding officer here, and at Lancaster, with this declaration, that the corps sta- 
tioned at Lancaster, including the detachment, (tan only be settled with or paid at 
that place. 

THE INSTRUCTIONS TO MAJOR .7ACKS0N. 

Sir: Information having been received that a detachment of about eighty muti- 
neers are on their way from Lancaster to this place, you will please pro(!eed to meet 
them, and to endeavor by every prudent method to engage them to return to the 
post they have left. You will inform them of the orders that have been given, per- 
mitting them to remain in service till their accounts shall have been settled, if they 
prefer it to being furloughed, and of the allowance of pay which has been made to 
the Army at large, and in which they are to be included. You will represent to 
them that their accounts can not be settled without their oflBcers, whom they have 
left behind them at Lancaster. You will represent to them with coolness but 
energy the impropriety of such irregular proceedings, and the danger they will run 
by persisting in an improper conduct. You will assure them of the best intentions 
in Congress to do them justice, and of the absurdity of their expecting to procure it 
more effectually by intemperate proceedings. You will point out to them the 
tendency which such proceedings may have to raise the resentments of their country, 
and to indispose it to take effectual measures for their relief. In short, you will 



GOVERNMENT OF THE DISTEICT OF COLUMBIA. 38 

urge every consideration in your power to induce them to return, at the same time 
avoiding whatever may tend to irritate. If they persist in coming to town, you will 
give the earliest notice to us of their progress and disposition. Should they want 
provisions, you will assure them of a supply if they will remain where they are, 
which you are to endeavor to persuade them to do in preference to coming to town. 
I am, sir, your most obedient servant, 

A. Hamilton, 
In behalf of the Committee 
Major Jackson, Assistant Secretary at War. 
Philadelphia, June 19, 1783. 

The committee, consisting of Mr. Hamilton and Mr. Ellswortti, 
appointed on the 21st June to confer with the supreme executive 
council of Pennsylvania, on the practicability of taking- effectual meas- 
ures to support the public authority, having- delivered in a report: 

Ordered, That it be entered on the journal. 

The report is as follows: 

The committee appointed to confer with the supreme executive council of Penn- 
sylvania, on the practicability of taking effectual measures to support the public 
authority, in consequence of the disorderly and menacing appearance of a body of 
armed soldiers surrounding the place where Congress were assembled, on Saturday, 
the 21st instant, beg leave to report: 

That they had a conference the morning following with the supreme executive 
council, agreeably to the intention of Congress, and having communicated their res- 
olution on that subject, informed the council that Congress considered the proceed- 
ing on which that resolution was founded, of so serious a nature, as to render palli- 
atives improper, and to require that vigorous measures should be taken to put a stop 
to the further progress of the evil, and to compel submission on the part of the 
offenders. That in this view they had thought it expedient to declare to the execu- 
tive of the State in which they reside, the necessity of taking effectual measures for 
supporting the public authority. That though they had declined a specification 
of the measures which they would deem effectual, it was their sense that a number 
of the militia would be immediately called out, sufficient to suppress the i-evolt. 
That Congress, unwilling to expose the United States to a repetition of the insult, 
had suspended their ordinary deliberations in this city, till proper steps could be 
taken to provide against the possibility of it. 

The council, after some conversation, informed the committee, that they would 
wish, previous to a determination, to ascertain the state and disposition of the 
militia, and to consult the officers for that purpose. 

The day following the committee waited upon the council for their final resolu- 
tion, having previously presented a letter addressed to his excellency the President, 
of which a copy is annexed, requesting the determination of the council in writing. 

Thecoimcil declined a written answer, alleging that it had been unusual on similar 
occasions; that they were unwilling to do anything which might appear an innova- 
tion in the manner of conducting conferences between their body and committees of 
Congress, adding, however, that they were ready to give their answer in writing, if 
Congress should request it. They then proceeded to a verbal answer, in substance 
as follows: 

That the council had a high respect for the representative sovereignty of the 
United States, and were disposed to do everything in their power to support its 
dignity. That they regretted the insult which had happened, with this additional 
motive of sensibility, that they had themselves had a principal share in it. That 



34 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

they iiad consulted a nuiiiber of well-informed officers of the militia, and found that 
nothing in the present state of things was to be expected from that quarter. That 
the militia of the city in general were not only ill provided for service, but disinclined 
to act upon the present occasion. That the council did not believe any exertions 
were to be looked for from them, except in case of further outrage and actual vio- 
lence to person or property. That in such case a respectable body of citizens would 
arm for the security of their property and of the public peace; but it was to be 
doubted what measure of outrage would produce this effect, and in particular, it was 
not to be expected merely from a repetition of the insult which had hai)j)ened. 

The council observed that they thought it their duty to comnnmicate their expec- 
tations with candor, and jjassed from the subject of the i)racticability of vigorous 
measures to tlie policy of them. They stated, that (.ieneral f^t. Clair, with the appro- 
bation of several members of Congress and of council, had, by a dei-laration in 
writing, permitted the mutineers to choose a committee of commissioned officers to 
represent their grievances to council, and had authorized them to expect that a con- 
ference would be allowed for that purpose. That it was said the mutineers began 
to be convinced of their error and were preparing submissions. That from the steps 
which had been taken the business seemed to be in a train of negotiation, and that 
it merited consideration, how far it would be prudent to terminate the matter in that 
way rather than employ coercive means. 

The committee remarked, with respect to the scruple about giving an answei- in 
writing, that they could not forbear differing in opinion as to its propriety. That 
nothing was more common than written communications between ei;ecutives of the 
different States and the civil and military officers acting under the authority of the 
United States; that for a much stronger reason there was a propriety in this mode 
of transacting business between the council and a committee of the body of Con- 
gress. That, indeed, it would be conformable to the most obvious and customary 
rules of proceeding, and that the importance of the present occasion made it desira- 
ble to give every transaction the greatest precision. 

With respect to the jiracticability of employing the militia, the committee observed 
that this was a point of which the council was alone competent to judge. That the 
duty of the committee was performed in explicitly signifying the expectations of 
Congress. 

And with respect to the policy of coercion the committee remarked that the 
measures taken by Congress clearly indicated their opinion, that the excesses of the 
mutineers had passed the bounds within which a spirit of compromise miglit consist 
with the dignity and even the safety of government. That impunity for what had 
liapi)ened might encourage to more flagrant proceedings, invite others to follow the 
example, and extend the mischief. That the ])assiveness of conduct observed toward 
the detachment which had mutinied at Lancaster, and come to the city in defiance 
of their officers, had, no doubt, led to the subsequent violences. That these consid- 
erations had determined Congress to adopt decisive measures. That besides the 
application to the State in which they reside, for its immediate support, they had 
not neglected other means of ultimately executing their purpose, but had directed 
the commander in chief to march a detachment of troops towards the city. That 
whatever moderation it might be ])rudent to exercise toward the mutineers when 
they were once in the power of government, it was necessary, in the iirst instance, 
to place them in that situation. That Congress would i)robably continue to i)ursue 
this object unless it should be superseded by imequivoeal demonstrations of sub- 
mission on the part of the mutineers. That they had hitherto given no satisfactory 
evidence of this disposition, having lately presented the officers they had chosen to 
represent their grievances with a formal commission in writing, enjoining them, if 
necessary, to use compulsory means for redress, and menacing them with death in 
ease of their failing to execute their views. 



GOVEENMENT OB" THE DISTRICT OF COLUMBIA. 35 

(Jnder this state of things the committee could not forbear suggesting to the 
council that it would be expedient for them so to qualify the reception which they 
should think proper to give to any propositions made by the mutineers as not to 
create embarrassment, should Congress continue to act on the principle of coercion. 

The committee, finding that there was no satisfactory ground to expect prompt 
and adequate exertions on the part of the executive of this State for supporting the 
public authority, were bound by the resolution under which they acted to advise 
the President to summon Congress to assemble at Princeton or Trenton on Thursday, 
the 26th instant. 

Willing, however, to protract the departure of Congress as long as they could be 
justified in doing it, still hoping that further information would produce more deci- 
sive measures on the part of the council, and desirous of seeing what complexion the 
intimated submissions would assume, they ventured to defer advising the removal 
till the afternoon of the day following that on which the answer of the council was 
given. But having then received no further communications from the council, and 
having learnt from General St. Clair that the submissions proposed to be offered 
by the mutineers, through the officers they had chosen to represent them; were not 
of a nature sufficiently explicit to be accepted or relied on. That they would be 
accompanied by new demands to which it would be improper to listen; that the 
officers themselves composing the committee had shown a mysterious reluctance to 
inform General St. Clair of their proceedings — had refused, in the first instance, to 
do it, and had afterwards only yielded to a peremptory demand on his part. The 
committee could no longer think themselves at liberty to delay their advice for an 
adjournment, which they this day accordingly gave, persuaded at the same time 
that it was necessary to impress the mutineers with a conviction that extremities 
would be used against them before they would be induced to resolve on a final and 
unreserved submission. 

Philadelphia, June 24th, 1783. 

The letter to his excellenc}^ the president of the supreme executive 
council of Pennsylvania: 

Sir: We have the honor to enclose for your excellency and the council a copy of 
the resolutions communicated in our conference yesterday. Having then fully 
entered into all the explanations which were necessary on the subject, we shall not 
trouble your excellency with a recapitulation; but as the object is of a delicate and 
important nature, we think it our duty to request the determination of the council 
in writing. 

We have the honor to be, with perfect respect, your excellency's most obedient 
servants. 

Philadelphia, June 23, 1783. 

Wednesday^ July ^, 1783. — A letter of the iittth of June, from his 
excellency W. Livingston, governor of the State of New Jersey, was 
read, whereupon it was — 

Resolved, That the president inform his excellency, the governor of New Jersey, 
that Congress entertain a high sense of the spirit and attachment of the citizens of 
New Jersey to the Federal Union, and of the sentiments expressed by his excel- 
lency; and are happy that events have rendered the call of the citizens into service 
unnecessary. 

An address of the governors and masters of the college was read, 
offering to Congress the use of the hall, library room, and every other 



36 aOVEKNMENT OK THE DISTRICT OF COLUMBIA. 

convenience that the college in its present situation can afford; where- 
upon it was — 

Resolved, That the Tresident inform the governors and masters of the college that 
Congress entertain a proper sense of their ol)liging offer, and accept tlie u.se of such 
parts of the college as are immediately necessary for their sessions, and for the officers 
attending them during their stay at Princeton. 

Resolutions were also passed 1)}' the inhabitants of Trenton, Prince- 
ton, and Newark, and their \'icinitie.s, to support order and oood 
government, whioli received tlie approbation of Congress. 

Monday, July 28, 1783. — An address from the citizens of Philadel- 
phia, and the liberties thereof, having been received and read it was — 

Resolved, That the President inform the citizens of Philadelphia, and its liberties, 
in answer to their respectful and affectionate address, that the United States, in 
Congress assembled, have great satisfaction in reviewing the spirited and patriotic 
exertions which have been made by the government and citizens of Pennsylvania, in 
the course of the late glorious war; and that they are highly pleased with the reso- 
lution, expressed by the citizens of Philadelphia, to aid in all measures which may 
have a tendency to support the national honor and dignity. 

Friday, Auguxf /, 178S. — A motion was made by Mr. Read, of South 
Carolina: 

That on the eighth of August instant, the President shall adjourn Congress to 
meet at Philadelphia on the twelfth of August instant, there to continue until the 
last Monday in October next, at which time the President shall adjourn Congress to 
meet at Annapolis on the Friday following, unless Congress shall, before that time, 
have determined otherwise. 

And upon the question whether the words which follow "twelfth" 
shall stand, one State voted in the affirmative, three in the negative, 
four were divided, and five were not represented; so that the words of 
limitation were stricken out, and the further consideration of the 
question postponed to the 6th. 

Wednesday, Augusf 13, 1783. — Agreeable to the order of the day. 
Congress took into consideration a motion made by Mr. Howell, of 
Rhode Island, seconded b}^ Mr. Blaind, of Virginia, in words following: 

Resolved, That on the 15th instant, the President adjourn Congress to meet at 
Philadelphia on the 21st instant. 

A motion was made by Mr. Read, of South Carolina, seconded by 
Mr. Carroll, of Maryland, to postpone the consideration of the fore- 
going motion, in order to take up the following: 

Wheseas the resolution of Saturday, the 21st day of June last, enabling the Presi- 
dent to summon Congress to meet at Trenton or Princeton, on Thursday then next 
following, had for its object, that further and more effectual measures might be taken 
for suppressing the then existing revolt of certain troops of the Pennsylvania line, and 
maintaining the dignity and authority of the United States: and whereas it is no 
longer found necessary or expedient that Congress should continue at Princeton, 

Resolved, That on Friday, the 15th instant, the President do adjourn Congress to 
meet on Monday next, the 21st, at the city of Philadelphia; and that on the second 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 37 

Monday in October next, the President do in like manner adjourn Congress, to meet 
on the Monday following, at Annapolis, in the State of Maryland, unless Congress 
shall in the meantime order otherwise. 

On the question of postponing, the States voting in the affirmative 
were Pennsylvania, Maryland, and South Carolina; the negative were 
Massachusetts, Rhode Island, Connecticut, New Jersey, and Virginia; 
divided. New York and North Carolina; not represented, New Hamp- 
shire, Delaware, and Georgia. So the question was lost. 

On motion of the delegates of Pennsylvania — 

Ordered, That the further consideration of the original motion be postponed, in 
order that the following declaration made by one of the delegates from Pennsylvania 
this morning, in his place, be entered on the Journal, viz: 

' ' The delegates of Pennsylvania are authorized by the president and council of 
that State to declare in the most respectful terms to Congress that their return to 
Philadelphia is sincerely desired by the president and council, as an event which 
would give them the greatest satisfaction." 

The consideration of the original motion was again resumed, and 
after further debate an adjournment was called for and agreed to. 

On the next day a motion for general postponement of the question 
was lost; and upon the original motion of Mr. Howell, to adjourn to 
Philadelphia, the affirmative votes were Pennsylvania and Maryland; 
the negative were Massachusetts, Connecticut, New York, New Jersey, 
Virginia, and South Carolina; divided, North Carolina; not repre- 
sented. New Hampshire, Rhode Island, Delaware, and Georgia. So 
the question was lost. 

Monday, Septefinher i, 1783. — The delegates for the State of Penn- 
sylvania laid before Congress sundry resolutions of the general assem- 
bly of that State, which were read and ordered to be entered on the 
Journal, as follows: 

State of Pennsylvania, in general assembly, Friday, August 29, 1783, a. m. 

The report of the committee apjaointed to consider of the most eligible means for 
the accommodation of Congress, should that honorable body determine to reside 
within this State, read 27th instant, was read the second time: Whereupon, 

Resolved nnanimously, That until Congress shall determine upon the place of their 
permanent residence it would be highly agreeable to this house if that honorable 
body should deem it expedient to return to and continue in the city of Philadelphia; 
in which case they offer to Congress the different apartments in the statehouse and 
adjacent buildings which they formerly occupied for the purpose of transacting the 
national business therein. 

Resolved unanimously, That this house will take effectual measures to enable the 
executive of the State to afford speedy and adequate support and protection to the 
honor and dignity of the United States in Congress, and the persons of those com- 
posing the Supreme Council of the nation assembled in this city. 

Resolved unanimously. That as this house is sincerely disposed to render the per- 
manent residence of Congress in this State, commodious and agreeable to that honor- 
able body, the delegates of this State be instructed to request that Congress will be 
pleased to define what jurisdiction they deem necessary to be vested in them in the 
place where they shall permanently reside. 



38 GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 

Friday^ September 5, 178S. — On motion of Mr, McHenry, of Mary- 
land, seconded by Mr. Lee, of Virginia — 

Resolved, That Friday next be assigned to decide on the place proper tor a tempo- 
rary residence of Congress. 

(It does not appear that Congress met on Friday, the 12th of Sep- 
tember, 1783.) 

Monday^ September :2^2^ i7<*?^.— Congress took into consideration the 
report of a committee, consisting of Mr. Duane, of New York; Mr. 
Read, of South Carolina; Mr. McHenry, of Maryland; Mr. Hunting- 
ton, of Connecticut; Mr. Peters, of Virginia; Mr. Wilson, of Penn- 
sylvania, and Mr. Madison, of Virginia, appointed to consider what 
jurisdiction may be proper for Congress in the place of their perma- 
nent residence; whereupon — 

Ordered, That the said report be referred to a committee of the whole house. 
ResoJred, That on Thursday next Congress be resolved into a c;ommittee of the 
whole to take into consideration the above report. 

Thursday^ September 25^ 1783. — According to order, the House was 
resolved into a committee of the whole to take into consideration the 
report of the committee appointed to consider what jurisdiction may 
be proper for Congress in the place of their ijormanent residence. 
Mr. Carroll, of Maryland, was elected to the chair. After some time 
the President resumed the chair, and Mr. Carroll reported that the 
Committee of the Whole had taken into consideration the report 
referred to them, and made some progress therein, but, not haA^ ing 
come to a conclusion, desire leave to sit again to-morrow. 

Ordered, That leave be granted. 

(It does not appear from the Journal that thi.s committee of the 
whole ever sat again.) 

Monday., October tf, 1783. — The order of the day being called for and 
read, to take into consideration the proposition of several States 
respecting a place for the permanent residence of Congress, a motion 
was made by Mr. Gerry, of Massachusetts, seconded by Mr. Hoi ten, 
of Massachusetts, that Congress resolve itself into a committee of the 
whole to take into consideration the propositions of the several States 
from New York to Virginia, inclusive, respecting a place for the per- 
manent residence of Congress. 

Question put; passed in the negative. 

A motion was made by Mr. Gerry, seconded by Mr. Foster, of New 
Hampshire, to postpone the order of the day. 

This motion was lost; Massachu.setts, Rhode Island, and Delaware 
only voting in the affirmative, and ten States being represented. 

A motion to postpone the subject to the last Monday of the month 
was also lost; Massachusetts and Rhode Island only voting in the 
affirmative. It was then — 



GOVEKNMENT OF THE DISTRICT OF COLUMBIA. 39 

Resolved, That the question be taken, in which State buildings shall be provided 
and erected for the residence of Congress; beginning with New Hampshire, and pro- 
ceeding in the order in which they stand. 

The question upon each State was passed in the negative, no State 
having received more than 4 votes, and New Jersey and Maryland 
haAang each received that number. 

Resolved, That the fixing on a place for providing and erecting buildings for the 
residence of Congress be an order of the day for to-morrow. 

Tuesday, October 7, 1783. — The order of the da}' being called for, a 
motion was made by Mr. Gerry, of Massachusetts, seconded by Mr. 
Howell, of Rhode Island — 

That buildings for the use of Congress be erected on the banks of the Delaware, 
near Trenton, or of Potomac, near Georgetown, provided a suitable district can be 
procured on one of the rivers as aforesaid for a Federal town, and the right of soil 
and an exclusive or such other jurisdiction as Congress inay direct shall be vested 
in the United States. 

A motion by Mr. Duane, seconded by Mr. Holton. to add "the 
Hudson'"' was negatived. 

This motion having been amended so as to read: '"That buildings 
for the use of Congress be erected on or near the banks of the Delaware 
or of the Potomac, provided a suitable district," etc. (as in the origi- 
nal motion), was agreed to without a call for the yeas and nays, after 
an ineffectual attempt had been made by the Maryland delegates to 
postpone the motion in order to take into consideration a proposition 
to accept the offer made by the legislature of Maryland, by their act 
of •, for the residence of Congress. Upon the question of post- 
ponement for that purpose, Maryland alone voted in the affirmative. 
It was then— ^ 

Resolved, That buildings for the use of Congress be erected on oi- near the banks of 
the Delaware, provided a suitable district, etc. 

(As in the original motion.) 

The States voting on this resolution in the affirmative were Massa- 
chusetts, Rhode Island, Connecticut, New York, New Jersey, Penn- 
sj'^lvania, and Delaware; those voting in the negative were Maryland, 
Virginia, North Carolina, and South Carolina; not represented, New 
Hampshire and Georgia. 

A motion, made b}' Mr. Bedford, of Delaware, seconded by Mr. 
Tilton, of Delaware, that the buildings should be erected in the State 
of Delaware, near Wilmington, was negatived, Delaware, Maryland, 
and South Carolina only voting in the affirmative. But it was — 

Resolved, That the place on the Delaware for erecting buildings for the use of 
Congress be near the falls. 

Resolved, That a committee of five be appointed to repair to the falls of the Dela- 
ware to view the situation of the country in its neighborhood and report a proper 
district for carrying into effect the preceding resolution. The members, Mr. Gerry, 
Mr. S. Huntington, Mr. Peters, Mr. Duane, Mr. Clarke. 



40 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Resolved, That it be the order of the day for to-morrow to consider of the tempo- 
rary residence of Congress. 

Wednesday, October 5, 1783. — A motion was made by Mr. William- 
son, of North Carolina, seconded bv^ Mr. Read, of South Carolina^ — 

To consider the resolution of yesterday, by which the residence of Congress is to 
be fixed near the falls of the Delaware, in order to fix on some other place that shall 
be more central, more favorable to the Union, and shall approach nearer to that 
justice which is due to the Southern States. 

This motion was negatived; Delaware, Maryland, Virginia, North 
Carolina, and South Carolina voted in the affirmative; but, as it 
required 7 votes to carry a question affirmatively, the motion was 
lost, although there were only 6 negative votes. New Hampshire 
and Georgia were not represented. 

Friday.^ Octoher 10., 1783. — The order of the day being called for, 
it was — 

Resolved, That for the more convenient transaction of the business of the United 
States and accommodation of Congress, it is expedient for them to adjourn from 
their present residence. 

New York and all the States south of New York voted in the affirma- 
tive, except Georgia, which was not represented. 

A motion was then made by Mr. Williamson, of North Carolina, 
seconded by Mr. Peters, of Pennsylvania — 

That on the last Thursday of this month the President adjourn Congress, to meet 
at Philadelphia on the next Saturday, there to sit, for the dispatch of public business, 
till the first Monday in June next, at which time the President is hereby empowered 
and directed to adjourn Congress, to meet at Trenton on the Wednesday following. 

Mr. Duane moved to strike out "Philadelphia" and insert in its 
place "Trenton," and to strike out all the words after "business." 
This amendment was rejected, Massachusetts, Rhode Island, Connecti- 
cut, New York, and New Jersey voting in the affirmative. 

Mr. Williamson's motion was then rejected. New York, Penns}^- 
vania, Delaware, Virginia, and North Carolina having voted in the 
affirmative. 

Saturday., Octoher 11, 1783. — The order of the day ])eing called for, 
a motion was made by Mr. Ellery. of Rhode Island, seconded b}' Mr. 
Holten, of Massachusetts — 

That the President of Congress be, and he is hereby, authorized and directed to 
adjourn Congress on the 22d, to meet at Annapolis, in the State of Maryland, on the 
31st of October instant, there to sit for the dispatch of public business till the first 
Monday in June next, at which time the President is hereby empowered and directed 
to adjourn Congress to meet at Trenton on the Wednesday following. 

This motion having been amended by striking out the words "there 
to sit," etc., and all the following words to the end, and b}'^ inserting 
the words "for the place of their temporarj^ residence," was lost: 
Massachusetts, Rhode Island, Connecticut, Delaware, Maryland, and 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 41 

!North Carolina voting in the affirmative; South Carolina was divided, 
and New Hampshire and Georgia were not represented. 

Monday^ October IS, 1783. — The order of the day being called for, 
a motion was made b>^ Mr. Mercer, of Virginia, seconded by Mr. Lee, 
of Virginia, that Congress will, on the 15th instant, adjourn to meet 
at the city of Williamsburg, in the State of Virginia, on the 30th 
instant, there to sit for the dispatch of public business. 

A motion was made by Mr. Howell, of Rhode Island, seconded by 
Mr. Ellery, to strike out the words "there to sit for the dispatch of 
public business," and in lieu thereof insert "for the place of their 
temporar}^ residence." This amendment was not carried. Massachu- 
setts, Rhode Island, New York, New Jersey, Pennsylvania, and Mary- 
land voted in the affirmative; Connecticut and North Carolina were 
divided; New Hampshire, Delaware, South Carolina, and Georgia 
were not represented; Virginia voted in the negative. 

The motion of Mr. Mercer was lost, Virginia alone voting in the 
affirmative. 

Friday., October 17., 1783. — A motion was made by Mr. Gerry, of 
Massachusetts, seconded by Mr. Lee, of Virginia, in the words fol- 
lowing: 

Whereas the resolutions of Congress, of the 7th instant, to erect buildings for 
their use at ♦jr near the falls of the Delaware, are not satisfactory to a respectable part 
of the United States, five of which, on the 8th instant, voted for the reconsideration 
of the said resolutions ; and whereas Congress have no prospect of a general assent 
to any one place for their residence, and there is every reason to expect that the 
providing buildings for the alternate residence of Congress in two places will be 
productive of the most salutary effects, by securing the mutual confidence and affec- 
tions of the States, and preserving the Federal balance of power: it is therefore, 
resolved. That buildings be likewise erected for the use of Congress, at or near the 
lower falls of Potomac, or Georgetown; provided a Suitable district on the banks of 
the river can be procured for a Federal town, and the right of soil and an exclusive 
jurisdiction, or such other as Congress may direct, shall be vested in the United States. 

Whereupon a motion was made by Mr. Clarke, of New Jersey, 
seconded by Mr. Peters, of Pennsylvania, as follows: 

Whereas the motion now before the House, made by the honorable mover from 
Massachusetts, appears to involve in it such important consequences to the Union as 
to require a special and deliberate investigation, unconnected with any other subject, 
and ought not be determined upon a motion immediately taken up without pre- 
vious notice thereof given to the States, as was the case in fixing a single Federal 
town; therefore resolved. That the said motion be postponed to the first Monday in 
April next, and copies thereof be transmitted to the executives of the several States. 

Mr. Clarke's resolution was lost. New York-, New Jersey, and Penn- 
sylvania voting in favor of it. 

The consideration of the main question was postponed till Wednes- 
day. 

Saturday., October 18., 1783. — A motion was made by Mr. McHenry, 
of Maryland, seconded by Mr. Mercer, of Virginia, to reconsider the 



42 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

resolution ""that the consideration of the motion made b}' Mr. Gerry 
))e postponed till Wednesda}'." When the question was a})out to be 
put, the determination thereof was postponed by the State of New 
Jersey. 

Monday^ Octoher '20. 17SS. — On the question to reconsider the reso- 
lution postponing- the consideration of Mr. (jerry's motion to Wednes- 
day next, it was resolved in the affirmative, New York alone voting- 
in the negative, and New Hampshire, New eFerspy. IVniisylvania. 
Delaware, and Georgia not being represented. 

On the motion that the consideration of Mr. Gerry's motion be 
postponed to Wednesday next, the question was lost. 

Mr. Gerry's motion then being taken into consideration, lu^ moved 
to amend it by adding thereto — 

and that until the buildings to be erected on the banks of the Delaware ana Poto- 
mac shall be prepared for the reception of Congress, their residence shall be alter- 
nately at equal periods of not more than one year and not less than six months in 
Trenton and Annapolis; and the President is hereby authorized and directed to 
adjourn Congress on the 10th of November next, to meet at Annapolis on the 25th 
day of the same month for the dispatch of public business. 

On motion, the words '^ of not more than one year and not less than 
six months" were stricken out. But Congress refused to strike out 
the words "" and Potomac," "alternately at equal periods," " and An- 
napolis," •• at Annapolis ;'' New York alone voting in favor of the 
motion. 

The amendment of Mr. Gerry, after being so amended, was lost, six 
States only voting in its favor, viz, Massachusetts, Connecticut, Marj^- 
land, Virginia, North Carolina, and South Carolina. New York alone 
voted in the negative, the other States being divided or not represented. 

Tuesday^ October 21^ 1783. — The amendment offered by Mr. Gerry — 
on the preceding da}" and lost — was in substance renewed b}^ Mr. P^llery, 
who had voted against it, and was now carried by the same votes, with 
the addition of Rhode Island, which on the former vote had been 
divided. The Avhole resolution of Mr. Gerr}" was then adopted by the 
same votes, viz, Massachusetts, Rhode Island, Connecticut, Marj'^land, 
Virginia, North Carolina, and South Carolina voted in the affirmative. 
New York alone in the negative; the other States were not represented. 
The resolution as passed was in this form: 

Whereas there is reason to expect that the providing buildings for the alternate 
residence of Congress in two places, will be productive of the most salutary effects, 
by securing the mutual confidence and affections of the States. 

Resolved, That buildings be likewise erected for the use of Congress, at or near the 
lower falls of Potomac or (reorgetown; provided a suitable district on the banks of 
the river can be procured for a Federal town, and the right of soil, and an exclusive 
jurisdiction, or such other as Congress may direct, shall be vested in the United 
States; and that until the buildings to be erected on the banks of the Delaw'are and 
Potomac shall be prepare<l for the reception of Congress, their residence shall be 
alternately at equal periods of not more than one year, and not less than six months, 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 43 

Ji Trenton and Annapolis; and the President is hereby authorized and directed to 
adjourn Congress on the 12th day of November next, to meet at Annapolis on the 
26th day of the same month, for the dispatch of public business. 

Thursday, October 30, 1783.— 

Resolved, That in case a President shall not be chosen on or before the 12th day of 
November next, the Secretary adjourn Congress on the day, to meet at Annapolis on 
the 26th of the said month, according to the resolution of the 20th (2188) instant. 

Seven States voted in the affirmative; three, viz, New York, New 
Jersey, and Pennsylvania, in the negative; New Hampshire, Delaware, 
and Georgia were not represented. 

A motion was made by Mr. Lee, of Virginia, seconded b}^ Mr. Holten, 
of Massachusetts, that a committee be appointed to repair to the lower 
falls of the Potomac, to view the situation of the country in the vicinity 
of the same, and report a proper district for carrying into effect the 
resolution of the 21st of October. 

Whereupon a motion was made by Mr. Howell, of Rhode Island, 
seconded by Mr. Carroll, of Maryland, to amend the foregoing motion 
by adding — 

And that the committee appointed on the 7th day of October, instant, to report 
the most suitable jjlace for erecting buildings for the accommodation of Congress near 
the falls of the Delaware, be directed to report as soon as may be. 

which was carried by the votes of the same seven States, as was also 
Mr. Lee's motion so amended, in the following form, viz: 

Resolved, That a committee be appointed to repair to the lower falls of Potomac, 
to view the situation of the country in the vicinity of the same, and report a proper 
district for carrying into effect the resolution of the 21st of October; and that the 
committee appointed on the 7th of October to report the most suitable place for 
erecting buildings for the accommodation of Congress near the falls of the Delaware, 
be directed to report as soon as may be. The members, Mr. Hawkins, of North 
Carolina; Mr. Gerry, of Massachusetts; Mr. Carroll, of Maryland; Mr. Mercer, of 
Virginia, and Mr. Williamson, of North Carolina. 

It was also resoh^ed (by the same votes) — 

That the President transmit to the executives of New Jersey, Pennsylvania, Mary- 
land, and Virginia copies of the acts of Congress of the 7th instant, respecting 
buildings to be erected for a Federal town on the banks of the Delaware; and of the 
acts of the 21st instant, respecting buildings to be erected on the banks of Potomac 
for a second Federal town, and the adjournment of Congress to Annapolis; and that 
copies be also transmitted to the several other States in the Union. 

Monday, Noveniber ^, 1783. — 

Resolved, That the Chairman, in the absence of the President, be, and lie is hereby, 
empowered and directed to adjourn Congress on the 6th instant, to i»eet at Annapolis 
on the 26th, agreeable to the resolution of the 2l8t of October last. 

Tuesday^ November Jitli, 1783. — 

Resolved, That the resolution, passed yesterday, empowering the Chairman to 
adjourn Congress on the 6th, be reconsidered and altered to the 4th. 

Resolved, That this Congress be, and it is hereby adjourned to n;eet at Annapolis 
on the 26th of the present month. 



44 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Wednesday^ April IJf., 178^.. — The delegates of the State of Rhode 
Island and Providence Plantations having informed Congress that the 
legislature of said State, at their session in Februar}^ last passed the 
following resolution, to wit: 

Resolved, That the delegates of this State be, and they are hereby, instructed to use 
their influence to obtain a recess of Congress as soon as the national business will 
possibly admit. 

It is further voted that the delegates of this State request that honorable l)ody to 
adjourn and convene at Rhode Island in the course of the next year, or as soon as 
may be convenient; and that Congress be informed tiiat if the aforesaid request shall 
be acceded to, this State will prepare suitable buildings for their accommodation. 

And thereupon moved — 

That on the 26th day of May next, the President adjourn this Congress until the 
26th day of October next, then to meet at Newport, in the State of Rhode Island and 
Providence Plantations; and, if a sufficient number of members to form a house 
should not then meet, that all the business before this Congress unfinished at the 
time of said adjournment be referred to the United States in Congress, who shall be 
assembled at said Newport on the first Monday in November next. 

A motion was then made b}^ Mr. Jefferson, of Virginia, seconded by 
Mr. Hardy, of Virginia, to strike out the words "then to meet at 
Newport, in the State of Rhode Island and Providence Plantations," 
and afterwards the words "at said Newport," which were accordingly 
stricken out, Rhode Island alone voting in favor of retaining them. 

A motion was then made by Mr. Montgomery, of Pennsylvania, 
seconded by Mr. Hand, of Pennsylvania, in lieu of the words struck 
out to insert "to meet at Philadelphia," which motion was lost, 
Pennsylvania alone voting in its favor. 

A motion was then made by Mr. Monroe, of Virginia, seconded by 
Mr. McHenry, of Maryland, to postpone the further consideration of 
the motion under debate, in order to take up the following: 

That the States of Maryland and Virginia be informed, that provided they will 

advance the United States pounds, for the erecting the necessary buildings 

for the reception of Congress at or near Georgetown, at the falls of Potomac, it shall 

be allowed them in the requisition made on them for the year , by the United 

States in Congress assembled; 

which passed in the negative, Maryland, Virginia, and South Carolina 
voting in the affirmative, Rhode Island and North Carolina being 
divided, Delaware and Georgia not being represented. 

A motion was then made by Mr. Jefferson, seconded by Mr. Mon- 
roe, in lieu of the words struck out, to insert "Alexandria;" Avhich 
motion was lost, Virginia alone voting in its favor. 

A motion was then made by Mr. Beatty, of New Jersey, seconded 
by Mr. Sherman, of Connecticut, in lieu of the words struck out, to 
insert "to meet at Trenton, in the State of New Jersey, agreeably to 
their act of the 21st of October last," which was carried, Mar3^1and, 
Virginia, and South Carolina voting in the negative, North Carolina 
divided, Delaware and Georgia not represented. 



GOVERNMENT OV THE DISTRICT OF COLUMBIA. 45 

A motion was then made by Mr. Jefferson for a further amendment, 
by adding, immediately after the words inserted, these words, to wit: 
'■'' Proxnded^ A committee of the States shall have been previously con- 
stituted." On this amendment the previous question was moved by 
the State of Massachusetts, seconded by the State of New Jersey; and 
on the question to agree to the previous question it was lost; ayes, 
o; noes, 5; New York divided. 

Mofiday^ April ^6", llSlf.. — Present eleven States. 

A motion was made by Mr. Howell, seconded by Mr. Gerry — 

that the President be, and he is hereby, authorized and directed to adjourn Congress 
on the third day of June next, to meet on the thirtieth of October next at Trenton, 
for the dispatch of pubhc business; and that a committee of the States shall be 
appointed to sit in the recess of Congress. 

A motion was made by Mr. McHenry, seconded by Mr. Spaight, of 
North Carolina, to postpone the consideration of the foregoing motion 
in order to t^ke into consideration the report of a committee "to 
whom was referred a report on the powers with which a committee of 
the States should be vested during the recess of Congress, and a motion 
on the same subject." 

The motion to postpone was lost, Pennsylvania and all the States 
east of Pennsylvania voting in the negative; Maryland and all south 
of Maryland voting in the affirmative. Delaware and Georgia were 
not represented. 

A motion was then made by Mr. Williamson, of North Carolina, 
seconded by Mr. McHenry, to amend the motion of Mr. Howell by 
adding" thereto — 

Provided, A committee of the States shall first have been appointed to sit in the 
recess of Congress, and the powers defined with which the said committee shall be 
vested, according to the tenth of the Articles of Confederation. 

This motion was also negatived by the same vote. 

A motion was then made by Mr. McHenry, seconded by Mr. Mer- 
cer, to postpone the further consideration of the motion under debate 
in order to take up the following: 

That as soon as a proper place shall be reported by the committee appointed to 
view and report a proper place for a Federal town at or near Georgetown, on the 
Potomac, and the soil and jurisdiction obtained aa well for the town on Potomac as 
that on Delaware, Congress will forthwith proceed to erect such public buildings as 
may be necessary for their sessions, at the expense of the United States, out of the 
common treasury thereof; that the foundations of the said buildings shall be laid at 
the same time, and no sum of money appropriated for the one, unless an equal sum 
be appropriated for the other. 

The motion to postpone for the purpose aforesaid was lost, Mary- 
land alone voting in the affirmative, and Virginia and South Carolina 
being di voided. Mr. Jefferson and Mr. Monroe voted in the negative. 



46 GOVERNMENT OF THE DISTRICT OP^ COLUMBIA. 

A motion was then made by Mr. Hardy, of Virginia, and seconded 
by Mr. Read, of South Carolina, to postpone the consideration of the 
motion under debate, in order to take up the following" 

Whereas the resolution of the 20th of October last provides that Congress shall 
reside at Trenton and Annapolis, alternately, at e(iual periods of not less than six 
months or more than twelve, until the buildings on the banks of Potomac and Del- 
aware be ready for their reception; 

And whereas the delegates from Rhode Island, pursuant to instructions from 
that State, have moved a resolution that Congress adjourn to Newport, in the State 
of Rhode Island, from which it is evidently the sense of that State that the resolu- 
tion for two Federal towns should not be carried into effect; 

And whereas it appears to be the sense of a majority of the States in Congress 
assembled, by a motion from the State of Connecticut forbidding the committee 
appointed to view the ground at or near Georgetown to proceed in that business 
until the further order of Congress, and by a motion for allowing the States of 

Maryland and Virginia to advance jjounds for the purpose of erecting public 

buildings at or near Georgetown, and for giving them credit for the same in the 

requisition of year, which last being negatived, amounts to a virtual repeal of 

the aforesaid act; and as it will be expedient to fix on a situation the most central to 
all parts of the Union for holding the sessions of Congress, 

Resolved, That Congress hold their sessions in Annapolis, in the State of Marylaml, 
until they decide on some place for their permanent residence and the necessary 
public buildings be erected for their accommodation. 

On this motion the previous question was moved by the State of 
Connecticut, seconded b}^ the State of Rhode Island: and on the ques- 
tion to agree to the previous question, the yeas and nays being required 
b}^ Mr. Hard}' , the yeas were, New Hampshire, Massachusetts, Rhode 
Island, Connecticut, New York, New Jersey, and Pennsylvania; na}^, 
Marjdand; divided, Virginia, North Carolina, and South Carolina; 
not represented, Delaware and Georgia. 

So it was resolved in the affirmative, and the motion was set aside. 

The original motion of Mr. Howell was then carried, Pennsylvania 
and all the States east of Pennsylvania voting in the affirmative; 
Maryland, Virginia, and South Carolina in the negative; North Caro- 
lina divided, and Delaware and Georgia not represented. So it was — 

Resolved, That the President be, and he hereby is, authorized and directed to 
adjourn Congress on the ?d day of June next, to meet on the ;50th of October next 
at Trenton for the dispatch of public business; and that a committee of the States 
shall be appointed to sit in the recess of Congress. 

T/mrsdai/, Juneo, 1784-. — The President, in pursuance of the act of 
the 26th of April, adjourned Congress to meet at Trenton on the 80th 
of October, where the}^ met November 1. 

Friday^ December 10^ 178Jf.. — A motion being made by the State of 
South Carolina, .seconded by the State of Penn.sylvania, "that for the 
more convenient transaction of the business of the United States and 
accommodation of Congress it is expedient for them to adjourn from 
their present residence," the determination thereof was postponed to 
the next day, when the question was lost, the affirmative votes being 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 47 

Pennsylvania, Delaware, Virginia, South Carolina, and Georgia; the 
negative, Massachusetts, New York, and New Jersey; not repre- 
sented, New Hampshire, Rhode Island, Connecticut, Maryland, and 
North Carolina. 

Monday^ December W^ 178 Jf. — On motion of Mr. Howell, seconded 
by Mr. Jay, of New York — 

Resolved, That it is^ expedient the Congress proceed to take measures for suitable 
buildings to be erected for their accommodation. 

Resolved (by nine States), That a sum not exceeding $100,000 be appropriated for 
the payment of the expense of erecting such buildings, provided always that hotels 
or dwelling houses for the members of Congress representing the different States 
shall not be understood as included in the above appropriation. 

Resolved, That it is inexpedient for Congress at this time to erect public buildings 
for their accommodation at more than one place. 

Tuesday, Decewher 21, 1784-. — A motion was made by Mr. Pinckney, 
of South Carolina, seconded by Mr. Jay, that it is expedient Congress 
should determine on a place, at which they will continue to sit until 
proper accommodations in a Federal town shall be erected, and that 
the subsisting resolutions respecting the alternate tempo rar}^ residence 
of Congress at Trenton and Annapolis, be repealed. 

A motion of Mr. Howell, seconded by Mr. Ellery, to strike out 
the words "and that the subsisting resolutions," etc., to the end, 
the question being taken shall those words stand, it was decided in the 
negative and the words were stricken out. The affirmative votes were. 
New York, Virginia, North Carolina, South Carolina, and Georgia; the 
negative, Massachusetts, Rhode Island, and New Jersey; Pennsylvania 
was divided, and New Hampshire, Connecticut, Delaware, and Mary- 
land were not represented. 

The resolution being further amended was passed thus: 

Resolved, That it is expedient Congress should determine on a place at which they 
will continue to sit until public buildings for their proper accommodation shall be 
erected. 

Thu7'sday, December 23, 178Jf.. — An ordinance for carrying into exe- 
cution the resolutions of the 20th instant, and for fixing upon a place 
for the residence of Congress, until suitable buildings shall be erected 
for their accommodation, being moved by Mr. Gerry, seconded by 
Mr. Howell, read a first time, and taken up for a second reading, and 
the following paragraph being under debate — 

That for this purpose three commissioners be appointed with full powers to lay out 
a district of not less than two nor exceeding three miles square, on the banks of 
either side of the Delaware, not lower than Lamberton, nor more than six miles 
above it, for a Federal town. 

A motion was made by Mr. Hardy, of Virginia, seconded by 
Mr. Monroe, to. strike out the words "on the banks of either side of 
the Delaware, not lower than Lamberton, nor more than 6 miles above 

74986—09 ^^4 



48 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

it," and in lieu thereof to insert, "at Georgetown, on the Potomac/' 
But the motion was lost, Virginia alone voting in the affirmative. 

Sundry amendments being made, when the paragraph was under 
debate, viz: 

"That on the day of next Congress stand adjourned to meet at , 

on the day of following, for the dispatch of public business, and that 

the sessions of Congress be held at the place last mentioned until the buililings afore- 
said shall be ready for their reception." 

A motion was then made b}" Mr. Houston, of New^ ffersey, seconded 

by Mr. Howell, to strike out the words, "that on the day of 

next Congress stand adjourned to meet at on the 

da}^ of following, and that the sessions of Congress be held at 

the place last mentioned," and in lieu thereof insert, "and that Con- 
gress shall continue to hold their sessions at Trenton,'" which motion 
was also lost; Rhode Island and New Jersey only voting in its favor. 

A motion was then made by Mr. Hard}-, seconded by Mr. Sj)aight, 
of North Carolina, to fill up the blank after "meet at'' with the word 
"Philadelphia," which was also lost; Pennsylvania, Virginia, North 
Carolina, South Carolina, and Georgia voting in the affirmative; 
Massachusetts, Rhode Island, New York, and New Jersey in the 
negative; New Hampshire, Connecticut, Delaware, and Maryland not 
represented. 

A motion was then made by Mr. EUery, seconded by Mr. Howell, 
to fill the blank with the words, "city of Newport, in the State of 
Rhode Island and Providence Plantations," which was also lost: Rhode 
Island alone voting for it. 

A motion was then made by Mr. Howell, seconded by Mr. Spaight, 
to fill the blank with "the city of New York," which was carried; 
Pennsylvania alone voting in the negative, Georgia being divided, 
and New Hampshire, Connecticut, Delaware, and Maryland not 
represented. 

The other l)lanks being filled, the ordinance was read the third time 
and agreed to, as follows: 

Be it ordained by the United States in Congress assembled, That the resolutions of the 
20th instant, respecting the erecting buildings for the use of Congress, be carried into 
effect without delay; that for this purpose three commissioners be appointed, with 
full power to lay out a district of not less than two nor exceeding three miles square 
on the banks of either side of the Delaware, not more than eight miles above or 
below the falls thereof, for a Federal town; that they be authorized to purchase the 
soil, or such part of it as they may judge necessary, to be paiti in proper installments; 
to enter into contracts for erecting and completing, in an elegant manner, a Federal 
house for the accommodation of Congress, and for executive officers thereof; a house 
for the use of the President of Congress, and suitable buildings for the residence of 
the secretary of foreign affairs, secretary at war, secretary of Congress, secretary of 
the marine, and officers of the Treasury; that the said commissioners be empowered 
to draw on the Treasury of the United States for a sum not exceeding one hundred 
thousand dollars for the purpose aforesaid; that in choosing a situation for the 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 49 

buildings due regard be had to the accommodation of the States, with lots for 
houses for the use of their delegates, respectively; that on the 24th day of December 
instant, Congress stand adjourned to meet at the city of New York on the 11th day of 
January following; for the despatch of public business, and that the sessions of 
Congress be held at the place last mentioned until the buildings aforesaid shall be 
readj'^ for their reception. Done, etc. 

Friday^ December ^2 Jf,^ 178 Ji,. — 

Resolved, That Congress will proceed to the election of commissioners, for carrying 
into execution the purposes mentioned in the ordinance of yesterday, on the 13th of 
January next. 

Resolved, That the President transmit to the executives of the several States the 
ordinance passed yesterday, and that it be also published. 

Resolved, That Congress entertain a due sense of the attention of the legislature of 
the State of New Jersey in ijroviding accommodations for their reception, and also 
of the exertions of the inhabitants of Trenton in accomplishing the intentions of 
their legislature. 

On motion of Mr. King, of Massachusetts, seconded by Mr, Howell, 
Congress came to the following resolution : 

The delegates of Pennsylvania, having laid before Congress the resolves of their 
legislature of the 27th of November last— 

Resolved, That Congress entertain a due sense of the attention of the t^ommon wealth 
of Pennsylvania in offering to Congress the use of their public buildings in the city 
of Philadelphia for their temporary residence. 

Adjourned to meet at the city of New York the 11th of -lanuary 
next. 

On Thursday. January 11, 1785, Congress met at New York, seven 
States being present, but did not on that day proceed to the election 
of the commissioners under the ordinance of the 23d of December, 
1784, agreeably to the resolve of the 24th of December. 

Tuesday, January 18, 1785.— 

Resolved, That the mayor and corporation of the city of New York be informed 
that Congress entertain a just sense of the attention which they have manifested to 
the interest of the Federal Union in the offer they have made of such of the public 
buildings in the city as may be necessary for the transaction of public business, and 
that thej^ accept of the several apartments in the city hall, the whole of which 
(except the court and jury rooms) will be necessary for the session of Congress and 
the accommodation of their officers. 

Tuesday, February 8, 1785. — The order of the da}^ being called to 
proceed to the election of the three commissioners, pursuant to the 
ordinance of the 23d December, 1784, 

A motion was made by Mr. Williamson, of North Carolina, seconded 
by Mr. Sitgreaves, of Pennsylvania, to postpone the order of the daj'^ 
to take up the following: 

That the commissioners who may be appointed in pursuance of the 23d December, 
1784, be instructed to examine such places on the river Delaware, within the limits 
prescriVjed, as may })e purchased, and such as they may judge proper for the site of 
public buildings; to cause one or more places to be surveyed on each side of the 
river, and report to Congress the situation and quantity of land offered them for 



50 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

sale, and the terms on which the several tracts may be purchased, properly anthen- 
ticated by the different proprietors. 

Thin motion was lost, North Carolina alone voting- in its favor. 
A motion was then made bv Mr. McHenry, of Maryland, seconded 
by Mr. Foster, of New Hampshire— 

that Congress do not proceed to the appointiueut of c;ommiasioners, to carry the 
ordinance for founding the said town into effect, till the delegates, representing the 
several States, have time to consult, in a matter so important and momentous, the 
sense of their constituents. 

This motion was decided to be in order, but Congress adjourned 
without taking- a question upon it. 

Wed/tesdai/. Fehruary 9, 1785. — The order of the day l)eing- calh^d 
to proceed to the election of three commissioners, pursuant to the 
ordinance of 23d December, 178-i, the same was postponed till to-mor- 
row by the State of Virginia. • 

Thursday., Februari/ 10^ 1785. — A motion further to postpone the 
order of the day, to proceed to the election of three commissioners, 
etc., was neg-atived, Maryland alone voting in the affirmative. 

Congress proceeded to the election of three commissioners, pursuant 
to the ordinance of the 23d of December, 1TS4, and the ballots being- 
taken, Philip Schujler, esq., was elected, having r)een previously 
nominated by Mr. W. Livingston, of New York. 

Friday, F'hruary lU 1785. — Congress proceeded to the election of 
the two remaining- commissioners, pursuant to the ordinance of the 
23d of December, 1784, and the ballots being taken, Mr. Philemon 
Dickenson and Mr. Robert Morris were elected, the former having 
been previously nominated by Mr. Stewart, of New Jersey, and the 
latter by Mr. Ellery, of Ehode Island. 

Tuesday, March 10, 1785.— K letter of the 3d, from Mr. P. Schuy- 
ler, was read, wherein he declines the office of commissioner for car- 
rying into effect the act for Federal buildings. 

Friday, March 11, 1785.— 

Resolved, That Tuesday next be assigned for the election of u commissioner for 
carrying into execution the purposes mentioned in the ordinance of December 23, 
17S4, in the place of Philip Schuyler, aaq., who has declined to accept that appoint- 
ment. 

A motion to strike out '"Tuesda}-" and insert "the lirst Monday in 
May" was lost, Maryland alone voting in its favor. 

Wednesday, March 10, 1785. — Mr. -Fohn Brown, nominated hy Mr. 
Beatty, of New ,Iersey, was elected commissioner in the place of Mr. 
P. Schuyler. 

The Journals of Congress do not show that any further proceedings 
were had under the ordinance of 23d December, 1784. 

On Tuesday, April 10. 1787. Congress having continued its sessions 
in New York ever since the 13th of January. 1785, 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 51 

A motion was made by Mr. Kearney, of Delaware, seconded by Mr. 
Blount, of North Carolina: 

That on the last Friday in the present month Congress will adjourn, to meet on 
the lirst Monday in June next at the city of Philadelphia, in the State of Pennsyl- 
vania, and the President of Congress is hereby authorized and directed, on the said 
last Friday in the present month, to adjourn Congress to the said first Monday in 
June next to meet in the city of Philadelphia, in the State of Pennsylvania; and 
that the secretary of Congress and the heads of the several departments take order 
for the removal of the books and papers belonging to their respective offices to the 
said city of Philadelphia. 

A motion was then made b}^ Mr. Varnum, of Rhode Island, to 
amend the motion, so as to substitute Newport for Philadelphia; 
which motion to amend was lost, Rhode Island alone voting in the 
affirmative. 

A motion was then made by Mr. King-, of Massachusetts, so to amend 
the resolution as to leave it a simple resolution to adjourn on the last 
Friday of the month, till the first Monday in June; which motion was 
carried. 

Mr. King then moved to strike out the words, ''on the last Friday 
of the present month," and when the question was about to be put 
the determination was postponed by the State of Massachusetts to the 
next da}", when it was postponed indefinitely. 

On Thursday", May 10, 1787, a motion by Mr. Kearney, of Delaware, 
to adjourn on the 16th, to meet at Philadelphia on the second Monday 
in June, was decided not to be in order, because contrary to the ordi- 
nance of the 23d of December, 1784, which enacted that the sessions of 
Congress should be held in New York until the public buildings in the 
Federal town should be ready for their reception. 

Mr. Kearney then renewed his motion with this addition, "Anything 
in the ordinance of the 23d of December, 1784, contained, to the con- 
trary notwithstanding." 

A motion was then made by Mr. Lee, of Virginia, seconded by Mr. 
Huger, of South Carolina, to postpone the motion before the House 
to take up the following, viz: 

Whereas the convenient and due administration of the Government of the United 
States requires that a permanent situation most central to all parts of the Union be 
established for holding the sessions of Congress. 

Resolved, That the board of treasury take measures for erecting the necessary 
public buildings, for the accommodation of Congress, at Georgetown, on the Potomac 
River, so soon as the soil and jurisdiction of the said town are obtained, and that on 
the completion of the said l^uildings that Congress adjourn their sessions to the said 
Federal town. 

Resolved, That the States of Maryland and Virginia be allowed a credit in the 
recfuisition of 1787, or in the arrearages due on past requisitions for such sums of 
money which they may respectively furnish toward the erection of the said buildings, 

This motion was lost; Massachusetts, New York, Virginia, and 
Georgia voted in the affirmative; New Jersey, Pennsylvania, Delaware, 



52 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Maryland, and North Carolina in the negative; New Hampshire, Con 
necticut, Rhode Island, and South Carolina not represented. 

A motion way then made by Mr. Lee, seconded by Mr. Carrhioton, 
of Virginia, to amend the motion before the house by adding the 
following words: 

That the board of treasury take order for the i)aymeiit of all jui-t expeiif-es which 
the officers of the Ignited States may be iiivt)lved in by the adjournment of Congress 
before the expiration of the year; 

which motion Avas also lost. Massachusetts, New York. :ind Virginia 
voting in the affii'mative. 

An unsuccessful motion was made by Mr. Carrington, of Virginia, 
to substitute the 10th and .3Uth of October for the 16th of May and the 
second Monday in June; but Mr. Dane, of Massachusetts, prevailed 
in a motion to strike out the second Monday in June next. 

Nothing further appears to have been done upon Mr. Kearney's 
motion of the 10th of May, 1787. 

Monday^ July 28, 1788. — The committee, consisting of Mr. Carring- 
ton, Mr. Edwards, Mr. Baldwin, Mr. Otis, and Mr. Tucker, to whom 
were referred the acts of the several States which have been trans- 
mitted to Congress, ratifying the Constitution for the United States 
of America, having reported an act for putting the said Constitution 
into operation, and the following paragraph having l)een debated and 
amended to read as follows: 

That the first Wednesday in January next be the day fur appointing electors in 
the several States which have, or shall, before the said day have ratified the said 
Constitution; that the first Wednesday in February next be the day for the electors 
to assemble in their respective States and vote for a President, and that the first 
Wednesday in March next be the time and the place for commencing pro- 
ceedings under the said Constitution ; 

a motion was made by Mr. Edwards, of Connecticut, seconded hy Mr. 
Williamson, of North Carolina, to till the blank with "Philadelphia." 
This motion was lost; New Hampshire, Connecticut, Pennsylvania, 
Maryland, Virginia-, and North Carolina voted in the affirmativ'e; 
Massachusetts, New York, New Jersej^ and South Carolina in the 
negative; Delaware and Georgia were divided, and Rhode Island was 
not represented. . 

Wednesday, July 30, 1788. — The order of the day being called for, 
and the paragraph which was under debate on Monday being read, a 
motion was made by Mr. Dayton, of New Jersey, seconded by Mr. 
Huger, of South Carolina, to fill the blank with the words "the city 
of New York, in the State of New York." Thereupon a motion was 
made by Mr. Lee, seconded by Mr. Clarke, of New elersey, in lieu of 
this, to amend the paragraph so that the last clause be "and at such 
place as shall hereafter be appointed by Congress." 

The motion of Mr. Lee so to amend it was lost, Massachusetts, 
New York, New Jersey, and South Carolina voting in the affirmative; 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 53 

Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Car- 
olina, and Georgia in the negative; New Hampshire being divided and 
Rhode Island not being represented. 

Monday^ August 4, 1788. — The order of the day being called, and 
the motion renewed by Mr. Dayton, seconded by Mr. Ross, of Mary- 
land, to fill the blank with the words "city of New York, in the State 
of New York," a motion was made by Mr. Williamson, of North Caro- 
lina, seconded by Mr. Seney, of Mar3dand, to postpone the motion, 
in order to admit a motion to fill the blank with the word "■' Lancaster," 
which motion was lost; Pennsylvania, Delaware, MarA^land, Virginia, 
North Carolina, and Georgia voting in the affirmative, and the other 
seven States in the negative. 

A motion was then made by Mr. Carrington, seconded b}' Mr. 
Seney, to postpone the motion for New York, in order to admit "Bal- 
timore, in the State of Mar3dand,''"' which motion to postpone was 
carried; the seven Southern States, including Pennsylvania, voting in 
the affirmative, and the six Eastern States in the negative. 

The motion to fill the blank with the words "the town of Balti- 
more, in the State of Maryland," was carried by the same majorit}-. 

Tuesday^ August 5, 1788. — A motion was made by Mr. Hamilton, 
of New York, seconded by Mr. Dane, of Massachusetts, to reconsider 
the question for filling the blank in the resolution with the words, 
"the town of Baltimore, in the State of Maryland," which motion was 
lost by the same majorit3^ 

Wednesday, August 6, 1788. — The order of the day being called for, 
and the act, as amended, for putting the Constitution into operation 
being read as follows — 

Whereas the convention assembled in Philadelphia, jjursuant to the resolution of 
Congress of the 21st of February, 1787, did, on the 17th of September in the same year, 
report to the United States, in Congress assembled, a Constitution for the people of the 
United States, whereupon Congress, on the 28th of the same September, did resolve 
unanimously that the said report, with the resolutions and letter accompanying the 
same, be transmitted to the several legislatures, in order to be submitted to a conven- 
tion of delegates chosen in each State by the people thereof, in conformity to the 
resolves of the convention made and provided in that ease; and whereas the Con- 
stitution so reported by the convention, and by Congress transmitted to the several 
legislatures, has been ratified in the manner therein declared to be sufficient for the 
establishment of the same, and such ratifications, duly authenticated, have been 
received by Congress, and are filed in the office of the secretar)^: Therefore, 

Resolved, That the first Wednesday in January next be the day for appointing elect- 
ors in the several States which, before the said day, shall have ratified the said Con- 
stitution; that the first Wednesday in February next be the day for the electors to 
assemble in their respective States and vote for a President, and that the first Wednes- 
day in March next be the time, and the town of Baltimore, in the State of Mary- 
land, the place for commencing proceedings under the said Constitution — 

a motion was made by Mr. Tucker, of South Carolina, seconded by 
Mr. Lee, of Virginia, further to amend the act b}' striking out the 



54 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

words ''in the town of Baltimore, in the State of Maryland," and 
inserting as follows: 

And whereas a central situation would be most eligible for the sitting of the Legis- 
lature of the United States, if such could be found in a condition to furnish in due 
time the accommodations necessary for facilitating public business, and at the same 
time free of weighty objections which might render it improper or unlikely to be 
the seat of government, either permanently or until a permanent seat can be agreed 
on; and whereas the most effectual means of obtaining finally the establishment of 
the Federal Government in a convenient central situation is to leave the subject to 
the. deliberate consideration of the future Congress, iminfiuenced by undue attach- 
ment to any of the places which may stand in competition for preference on so inter- 
esting a question, and unembarrassed by want of time and means to fix on and 
prepare the most proper place for this purpose; and whereas the removal of the 
public oflBces must be attended with much expense, danger, and inconvenience, 
which ought not to be incurred but with a well-founded expectation of advantages 
that may fully counterbalance the same; and whereas no such advantages can be 
expected from a removal to any place now in a condition to receive the Federal 
Legislature; and whereas, in addition to the before-mentioned reasons, unnecessary 
changes of the seat of government would be indicative of instability in the national 
councils, and therefore highly injurious to the interests as well as derogatory to the 
dignity of the United States: Therefore, 

Resolved, That the city of New York, in the State of New York, be the place for 
commencing proceedings under the said Constitution. 

A motion was then made b}^ Mr, Williamson,, of North Carolina, 
seconded b}" Mr, Read, to postpone the motion before the House in 
order to take up the following: 

Whereas it is proper that the seat of the new Congress and of the National Govern- 
ment should be placed as near the center of the Union as may consist with present 
accommodation, in order that its influence and benefits may be equally felt by the 
great body of citizens throughout the United S-tates, that members of Congress and 
other persons may approach it with equal convenience from opposite extremes, and 
that no species of partial favor may seem to have been extended to one extreme 
rather than to the other; and whereas the present residence of Congress is far removed 
from the center of the Union, whether population or distance are considered, since 
the new Congress is to consist of 8 Senators from States to the eastward of New York, 
and 16 from States to the southward, and since there are to be only 17 members 
in the House of Kepresentatives from the Eastern States, though there are to be 
42 members from Southern States, and since the distance to the seat of government 
in the extreme Eastern State is hardly equal to one-third of the distance to the seat 
of government in the most southerly State; and whereas it is to be desired that the 
new Congress may be convened in the same spirit of mutual accommodation which 
has hitherto appeared in ail deliberations respecting the new Government, and tliat 
proceedings under the said Government may commence under the impressions of 
mutual confidence without that general irritation and loss of time which must attend 
the removal from an improper situation, and without those painful apprehensions 
which will naturally arise from a measure that may seem to have originated in an 
undue regard to local considerations: Therefore, 

Resolved, That the seat of the new Congress ought to be in some place to the south- 
ward of New York. 

This motion of Mr, Williamson to postpone, for the purpose afore- 
said, was decided in the negative, the six Eastern States and South 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 55 

Carolina voting against it and the other six Southern States in its 
favor. 

A motion was then made by Mr. Carrington, seconded by Mr. Bing- 
ham, of Pennsylvania, to amend the amendment by striking out the 
words "New York, in the State of New York," and in lieu thereof 
inserting "Philadelphia;" which motion was lost, the same States 
voting in the negative and Georgia being divided. 

A division of Mr. Tucker's resolution was then called for, and on 
the question to agree to the resolving clause it was decided in the 
affirmative. 

The question to agree to the preamble was also agreed to by the 
same vote. 

Tuesday^ Septemher ^, 1788. — A motion was made by Mr. Clark, of 
New Jersey, seconded by Mr. Sedgwick, of Massachusetts, in the 
words following, viz: 

Whereas the convention, assembled in Philadelphia, pursuant to the resolution of 
Congress of the 21st of February, 1787, did, on the 17th day of September in the 
same year, report to the United States in Congress assembled, a constitution or form 
of government for the people of the United States; whereupon Congress, on the 28th 
day of the same September, did resolve unanimously that the said report, with the 
resolutions and letter accompanying the same, be transmitted to the several legisla- 
tures, in order to be submitted to a convention of delegates chosen in each State by 
the people thereof, in conformity to the resolves of the convention made and pro- 
vided in that case; and whereas the Constitution so reported by the convention, and 
by Congress transmitted to the several legislatures, has been ratified in the manner 
therein declared to be sufficient for the establishment of the same, and such ratifica- 
tions, duly authenticated, have been received by Congress and are filed in the office 
of the Secretary thereof: Therefore, 

Resolved, That the first Wednesday in January next be the day for appointing 
electors in the several States which before the said day shall have ratified the said 
Constitution; that the first Wednesday in February next be the day for the electors to 
assemble in their respective States to vote for a President; and that the first Wednes- 
day in March next be the time, and the seat of the Federal Government at that time 
the place for commencing proceedings under the said Constitution. 

This motion was lost, Massachusetts, New York, New Jersey, and 
South Carolina voting in the affirmative; Pennsylvania, Delaware, 
Maryland, and Virginia in the negative; Connecticut and Georgia 
being divided, and New Hampshire not represented. 

The same motion, with the exception of the clause respecting the 
place, was renewed hj Mr. Edwards, of Connecticut, seconded b}^ Mr. 
Sedgwick, of Massachusetts. A motion was then made by Mr. Irwine, 
of Pennsylvania, seconded by Mr. Bingham, of Pennsylvania, to 
amend the motion before the House by insertmg after the word "time" 
the words "and that Lancaster be the place." 

Mr. Irwine's motion was lost, Pennsylvania, Delaware, Maryland, 
and Virginia, voting in the affirmative; Massachusetts, New York, 
New Jersey, and South Carolina in the negative; Connecticut and 



56 GOVERNMENT OF THK DISTRICT OF COLUMBIA. 

Georgia divided; New Hampshire, Rhode Island, and North Carolina 
not represented. 

Wednei^day, September S^ 1788. — A motion was made by Mr. Sen^^y, 
seconded by Mr. Ross, of Maryland, to amend the motion of Mr. 
Edwards by inserting- after the word "time" the words "and that the 
city of Annapolis, in the State of Mar}' land, bo the place." This 
question was also lost, Pennsylvania and Maryland only voting in the 
affirmative. 

Thiirsdai/, September ,^, 1788. — The motion made by Mr. Edwards, 
seconded by Mr. Sedgwick, being again moved and read, a motion 
was made by Mr. Tucker, seconded by Mr. Huger, that the same be 
postponed in order to take up the following, viz: 

Whereas after long deliberation on the subject of the new Constitution, so far as 
the agency of Congress is required to give it effect, there appears to be a diversity of 
sentiment with respect to the place for commencing proceedings under the said Con- 
stitution, which may prevent a speedy and definite decision thereon; and 

Whereas a further delay of the other essential parts of this business might be 
productive of much national inconvenience: Therefore, 

Resolved, That the first Wednesday in January next, etc. (as in the former reso- 
lution), and that the first Wednesday in March next be the time for commencing pro- 
ceedings under the said Constitution, at such place as Congress shall hereafter appoint, 
or, failing such appointment, at the place which shall, immediately before the last- 
mentioned day, be the seat of Congress. 

This question was also lost, New Hampshire, Massachusetts, Con- 
necticut, New York, New Jersey, and South Carolina voting in the 
affirmative. 

The question was then taken on the motion of Mr. Edwards, of the 
2d of September, and lost. 

jF/'iday, September 12, 1788. — A motion being made l)y Mr. Lee, 
seconded by Mr. Gilman, of New Hampshire, in the words following: 

Whereas longer delay in executing the previous arrangements necessary to i)ut into 
operation the Federal Government may produce national injury. 

Resolved, That the first Wednesday in January next, etc. (as in the former motions) , 
and the present seat of Congress be the p\ace for commencing proceedings under the 
said Constitution. 

A motion was made by Mr. Carrington, seconded by Mr. Madison, 
of Virginia, to amend the proposition by striking out the words "and 
the present seat of Congress be the place," and by adding: 

And whereas it is of great importance that a government, founded on the princi- 
ples of conciliation and impartial regard to the interests and acc'ommodation of the 
several parts of the Union, should commence in a sjiirit corres{)onding with these 
principles, and under every circumstance calculated to prevent jealousies in one part 
of the Union of undue bias in the public councils or measures towards another part; 
and it is conceived that these desirable purposes will be much favored by the 
appointment of some place for the meeting of the new government more central than 
the present seat of Congress, and which will at the same time be more likely to 
obviate disagreeable and injurious discussions concerning the place most fit for the 



GOVERNMENT OF THE DISTRICT OB^ COLUMBIA. 57 

seat of Federal businesn, until a permanent seat be established as provided for by the 
new Constitution — 

Resolved, That be the place for commencing proceedings under the new 

Constitution. 

This motion of Mr. Carrington was lost, Pennsylvania, Delaware, 
and Virginia only voting in its favor. 

A motion was then made by Mr. Kearney, of Delaware, seconded 
by Mr. Mitchel, of Delaware, to strike out the words "and the pres- 
ent seat of Congress the place," and on the question, "Shall those 
words stand ? " it was resolved in the affirmative, Delaware alone voting 
in the negative, and all the States excepting Rhode Island, Maryland, 
and North Carolina being present. 

When the question was about to be put upon the resolution of Mr. 
Lee, the determination thereof was postponed till the next day, when 
the resolution passed unanimously, nine States voting in the affirma- 
tive. The absent States were Rhode Island, Delaware, Maryland, and 
North Carolina. 

So it was resolved in the affirmative, as follows: 

Whereas the Convention assembled in Philadelphia, pursuant to the resolution of 
Congress of the 21st of February, 1787, did, on the 17th of September of the same 
year, report, etc. (see the whole preamble stated in Mr. Clarke's motion of the 2d 
of September, 1788): Therefore, 

Resolved, That the first Wednesday in January next be the day for appointing 
electors in the several States which before the said day shall have ratified the said 
Constitution; that the first Wednesday in February next be the day for the electors 
to assemble in their respective States and vote for a President, and that the first 
Wednesday of March next be the time and the present seat of Congress the place 
for commencing the proceedings under the said Constitution. 

Thus ended the deliberations of the old Congress respecting the seat 
of the Federal Government. 

HKOCEEUINGS OF THE CONGRESS PROVIDED FOR BY THE CONSTITUTION. 

It is now a matter of history that the proceedings under the Consti- 
tution conmienced at New York on Wednesday, the 4th of March, 
1789, until which time a few of the members of the old Congress 
attended in their places and held their seats. The last act of the old 
Congress was passed on the 10th of October, 1788. 

On the 7th of April, 1789, New York appropriated its public build- 
ings to the use of the new Congress. 

Friday^ May 15^ 1789.— Mr. White, one of the Representatives 
from Virginia, presented to the House a resolve of the legislature of 
that State, of the 27th of December, 1788, offering to the acceptance 
of the Federal Government 10 miles square of territory, or any less 
quantity, in an}^ part of that State which Congress may choose, to be 
occupied and possessed by the United States as the seat of the Federal 
Government. 

Read and ordered to lie on the table. 



58 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Saturday^ May 16^ 1789. — Mr. Senej, one of the Representatives of 
Maryland, presented to the House an act of the legislature of that 
State offering to the acceptance of Congress 10 miles square of ter- 
ritor}^, in any part of the said State, for the seat of the Federal 
Government. 

Read and ordered to lie on the table. 

Saturday., August 22., 1789. — The several memorials of the inhab- 
itants of Trenton, in the State of New Jersey, and of the boroughs of 
Lancaster and York Town, in the State of Pennsylvania, were pre- 
sented to the House and Senate and read, respectively praying that 
the permanent seat of Congress may be established at the same. 

Ordered to lie on the table. 

Thursday., August 27^ 1789. — Mr. Thomas Scott, of Pennsylvania, 
agreeably to notice, moved the following resolution: 

That a permanent residence ought to be fixed for the General Government of the 
United States at some convenient place as near the center of wealth, population, and 
extent of territory as may be consistent with convenience to the navigation of the 
Atlantic Ocean, and having due regard to the particular situation of the western 
country. 

Made the order for Thursday, the 3d of September. 

Mr. Scott observed that the principle of union in which we are 
bound is the principle of equal and reciprocal justice. The question 
now before the House is a grand link in the chain of the Federal sys- 
tem. The peace of the United States depends as much on this as on 
any other question which can come before Congress. No man in the 
western country ever wished anything further than that when the 
central line between the northern and the southern extremities was 
fixed, Congress should establish their seat as far back on this line as the 
convenience of maritime commerce would allow. 

Mr. Livermore said that the idea of a permanent seat is not itself 
strictly true. As population increases, and as men of new principles 
and views take their seats in Congress, this permanent seat may be 
altered at pleasure. It is certainly wise in Congress to be economical; 
it is alwa3'S found a very expensive thing to remove, etc. 

Mr. Jackson, of Georgia, said the existence of the Union depends on 
this subject, etc. 

Mr. Michael Jenifer Stone, of Maryland, observed that this will be 
a very important business. No question will so fully try the temper 
of this body as the present. 

Mr. Ames, of Massachusetts, said: 

I believe it will involve as many passions as can reside in the human heart. Every 
principle of local interest, of pride and honor, and of even patriotism itself, are 
engaged. 

Thursday., September 3^ 1789. — In Committee of the Whole, upon Mr. 
Scott's resolution, Mr. Goodhue, of Massachusetts, in debate, said 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 59 

that '*the Eastern and Northern members had made up their minds on 
the subject, and were of opinion that on the eastern banks of the 
Susquehanna Congress should fix its permanent residence, and that 
until the particular spot should be determined upon and the proper 
buildings erected the seat of the General Government should be at 
the city of New York."" He then introduced a resolution to that effect. 
A crowded hall and galleries testified the public solicitude. Several 
amendments were proposed and negatived, but one moved by Mr. 
R. B. Lee, of Virginia, for substituting "Potomac" for "Susque- 
hanna" prolonged the debate until nearly 4 o'clock, when the committee 
rose without taking the question, and had leave to sit again. 

Friday^ September ^, 1789.- — The resolution offered by Mr. Goodhue 
on the 3d was in these words: 

Resolved, As the opinion of tlie committee, that the permanent seat of the Gov- 
ernment of the United States ought to be at some convenient place on the east bank 
of the Susquehanna, in the State of Pennsylvania; and that until the necessary 
buildings be erected for the purpose the seat of the Government ought to be at New 
York. 

Mr. Lee's amendment and several others were rejected, and Mr. 
Goodhue's was carried. 

Mr. Fitzsimons, of Pennsylvania, on September 5, 1789, then pro- 
posed the following: 

Resolved, As the opinion of this committee, that the President of the United States 

be authorized to appoint commissioners, to examine and report to him, the 

most eligible situation on the east bank of the Susquehanna, for the permanent seat 
of the (Tovernment of the United States. That the said commissioners be authorized, 
by and with the advice of the President, to purchase such quantity of land as may 

be thought necessary, and to erect thereon within years suitable buildings for 

the accommodation of Congress and of the officers of the United States. That the 
Secretary of the Treasury, together with the commissioners so to be appointed, be 

authorized to borrow a sum not exceeding dollars, to be paid in years 

with interest, at the rate of per cent per annum, payable out of the duties on 

imports and tonnage, to be applied to the purchase of the land and the erection of 
the buildings aforesaid. And that a bill ought to pass, in the present session, in 
conformity with the foregoing resolutions. 

Before any decision of the question the connnittee rose and had 
leave to sit again. 

One of the amendments proposed and rejected on tlie 3d was offered 
by Mr. Lee in these words: 

Whereas the people of the United States have assented to and ratified a constitu- 
tion for their Government, to provide for their defense against foreign danger, to 
secure their perpetual union and domestic tranquillity, and to promote their common 
interest, and all these great objects will be best effected by establishing the seat of 
government in a station as nearly central as a convenient water communication with 
the Atlantic Ocean, and an easy access to the western territory will permit; and as it 
will be satisfactory to the people of the United States, and give them a firm confi- 
dence in tho justice and wisdom of their Government to be assured that such a sta- 
tion is already in the contemplation of Congress, and that proper measures will be 



60 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

taken to a.scertain it, and to provide the necessary accommodations, as soon as the 
indispensable arrangements for carrying into effect the Constitution can be made, 
and the circumstances of the United States will permit; 

Hesoh'ed, That a place as nearly central as a convenient water communication with 
the Atlantic Ocean, and an easy access to the western territory will permit, ought to 
be selected and estaT>lished as the permanent seat of the Government of the United 
States. 

Saturday, Septemher 5, 1789. — The committee of the whole reported 
Ml". Scott's, Mr. Goodhue's, and Mr. Fitzsimons's resolutions, filling 
the blank in the latter with $100,000, to ))e repaid in twenty ja-ars, at 
5 per cent interest. The House took up the report, and agreed to 
Mr. Scott's resolution, as follows: 

Resolved, That the permanent seat of the Government of the United States ought 
to be fixed at some convenient place as near the center of wealth, population, and 
extent of territory, as may be consistent with convenience to the navigation of the 
Atlantic Ocean, and ha\'ing due regard to the situation of the western country. 

On September 7, 1789, Mr. Lee moved to amend ]Mr. Goodhue's res- 
olution by substituting the '"north bank of the river Potomac in the 
State of Maryland," for "the east bank of the river Susquehanna in 
the State of Pennsylvania;" which amendment was rejected; a3'es, 21; 
noes, 29; two members from Mar^dand, viz, Mr. Seney and Mr, Wm. 
Smith, voting in the negative. 

A motion was then made by Mr. Vining, of Delaware, to amend the 
resolution of Mr. Goodhue by striking out the word '"permanent," 
and also, after the words, ""ought to be at," to strike out to the end 
of the resolution, and to insert in lieu thereof, "the borough of Wil- 
mington in the State of Delaware." This motion was negatived; ayes, 
19; noes, 32. 

A motion was then made by Mr. Boudinot, of New Jersey, to strike 
out " east bank of the river Susquehanna in the State of Pennsylva- 
nia," and insert ''Potomac, Susquehanna, or Delaware." This motion 
was lost; ayes, 23; noes, 28. 

A motion was then made by Mr. Boudinot to strike out " east ))ank 
of the river Susquehanna," etc.. and insert "banks of either side of 
the Delaware, not more than eight miles above or below the lower 
falls of Delaware." Rejected; a3^es-l; noes, 46. 

Mr. Boudinot then moved to strike out "east hanks." and insert 
""banks." Carried; ayes, 26; noes, 25. 

Mr. Lee then moved to insert " or Maryland" after the words " Sus- 
quehanna in the State of Penns3'lvania." Rejected; ayes, 25; noes, 26. 

Mr. Yining then moved to substitute Wilmington in Delaware for 
New York, as the temporary residence of Congress. Rejected; ayes, 
21; noes, 30. 

Mr. Parker, of Virginia, then moved to insert Philadelphia in place 
of New York. Rejected; a3'es, 22; noes, 29. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 61 

The resolution of Mr. Goodhue was then passed, as follows: 

Resolved, That the permanent seat of the Government of the United States ought 
to be at some convenient jjlace on the banks of the river Susquehanna, in the State 
of Pennsylvania, and that until the necessary buildings be erected for the purpose 
the seat of Government ought to continue in the city of New York. 

Mr. Fitzsinions's resolution being under debate, a motion was made 
by Mr. Gale, of Maryland, to add, after the word ''aforesaid," the 
following: 

Proinded, nevertheless, That previous to any such purchase or erection of buildings 
as aforesaid, the legislatures of the States of Pennsylvania and Maryland make such 
provision for removing all obstructions to the navigation of the said river, between 
the seat of the Federal Government and the mouth thereof, as may be satisfactory 
to the President of the United States. 

This amendment was rejected; ayes, 24; noes, 25. 

The resolution of Mr. Fitzsimons was then passed; Siyes, 28; noes, 
21; the blank for the time of erecting the buildings being filled with 
"four 3^ears;" and it was ordered that a bill, or bills, be brought in 
pursuant to those resolutions. The committee to prc^pare them con- 
sisted of Mr. Ames, Mr. Lawrence, and Mr. Clymer. 

Tuesday^ September 8, 1789. — A petition was presented of sundry 
inhabitants of Georgetown, in the State of Maryland, containing an 
ofier to put themselves and fortunes under the exclusive jurisdiction 
of Congress, in case that town should be selected as the permanent 
seat of the Government of the United States. 

Ordered to lie on the table. 

Monday^ Septemher IJf,., 1789. — Mr. Ames, from the committee 
appointed, presented, according to order, a bill to -establish the seat of 
the Government of the United States, which was received and read 
the first time. 

In the course of the debate (September 3), Mr. Lawrence having 
alluded to an observation of Mr. Madison (in a former debate) — 

that could the moderate and equal policy of that day's proceedings have been fore- 
seen in the convention of Virginia, it would have obviated many objections that 
were there produced against the Constitution. 

Mr. Madison replied: 

I admit that on a former occasion I applied the remark quoted by the gentleman 
from New York; but I now as verily believe that had a prophet started up in that 
convention and foretold the proceedings of this day, Virginia would not now be a 
party to this Constitution. 

Mr. Burke said that a league was formed between the Northern 
States and Pennsylvania. This was denied by Mr. Fitzsimons. 

Mr. Scott, of Pennsylvania, observed that the question seemed to 
lie between the Susquehanna and the Potomac. He gave a geograph- 
ical description of those rivers, in relation to their advantages of com- 
munication with the western territory; he considered Pittsburg as the 



62 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

key of that territory. The result of his detail was clearh in favor of 
the Potomac. That there is no comparison between the advantages of 
one communication and the other, with respect to the Ohio country. 
The Potomac will, no doubt, on(i day be a very important channel into 
those regions. That though ho thought that the Potomac was nearer 
the center of communication between the Atlantic and the Ohio than 
the Susquehanna, as there was no prospect of a decision in favor of the 
former he should give his vote for the Susquehanna. In this situation, 
as he was a native of Pennsylvania, there was a certain duty vrhich he 
owed to his country, and which he should now perform. 

Mr. Madison, in debate (on the 4th of September), observed — 

if there be any event on which we may calculate with tolerable certainty, I take it 
the center of population will continually advance in a southwestern direction. It 
must then travel from the Susquehanna, if it is now found there. It may go beyond 
the Potomac; but the time will be long first; and, if it should, the Potomac is the 
great highway of communication between the Atlantic and the Western country, 
which will justly prevent any attempts to remove the seat farther south. I have 
said, sir, that the communication to the Western territory is more commodious 
through the Potomac than the Susquehanna. I wish all the facts connected with 
this subject could have been more fully ascertained and more fully stated. But if 
we consider the facts which have been offered by gentlemen who spoke, we must 
conclude that the communication through the Potomac would be much more facile 
and effectual than any other. 

Mr. Madison stated the probable distance by land from the seat of 
Government, if fixed on the Potomac, to Pittsburg, at ITO or 180 miles; 
if by the river, 250 miles; and from the seat of Government, if fixed 
on the Susquehanna, by land, 250; by the river, 500. 

Whether, therefore [he said], we measure the distance by land or water, it is in 
favor of the Potomac; and if we consider the i^rogress in opening this great channel, I 
am confident that consideration would be equally favorable. It has been determined, 
by accurate research, that the waters running into the Ohio may be found not more 
than 2 or 3 miles distant from those of the Potomac. This is a fact of j)eculiar 
importance. 

Tuesday^ iSeptemher 15^ 1789. — The bill to establish the seat of the 
Government of the United States was read the second time and com- 
mitted to a Committee of the Whole House, on Thursday next. 

Thursday^ September 17., 1789. — In Committee of the Whole upon 
the bill, 

Mr. Vining moved to strike out the first paragraph, and to in.se rt 
one to the following effect: 

That a district of ten miles square, comprehending the borough of AVilmington, in 
the State of Delaware, to be located as hereafter directed, should be selected a.^ the 
seat of Government of the United States until a more eligil)le i)lace should be fixed 
upon for the permanent seat; and that measures should ])e taken to accominodate 
Congress witli that district as soon as conveniently might be: Provided, That no ces- 
sion be accepted till acts should be passed by the States of Maryland and Pennsyl- 
vania to open a water communication between the bays of Chesapeake and Delaware. 

This motion was negatived; ayes, 23; noes, 28. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 63 

Mr, Gale then moved to amend the lirst clause of the bill by annex- 
ing- the following' pro\d.so: 

That no district be accepted as aforesaid until the President of the United States 
shall be satisfied of the practicability of effecting a navigation from the seat of Gov- 
ernment to the mouth of said river; and that this law shall not be carried into effect 
until the States of Pennsylvania and Maryland shall pass acts (not including any 
expense to the said States) providing for removing the obstructions of the same. 

A division of the motion was called for at the word "river;'' and 
the question on the first part was negatived; aves, 25; noes, 29. 

The question on the second part was then put, and the committee 
was equally divided; a^^es, 27; noes, 27. The chairman gave the cast- 
ing vote in the affirmative. 

The committee then rose and reported, and the House took up the 
report. 

The amendment adopted by the committee, on the motion of Mr. 
Gale, was agreed to; aves, 28; noes, 26. 

Mr. Gale then moved to insert, after the words "Susquehanna, in 
the State of Pennsylvania," the words "or Maryland." 

This motion was negatived by the casting vote of the Speaker. 

The bill was then laid on the table. 

Monday, Se-ptemher 21, 1789. — The House proceeded to consider the 
bill to establish the seat of the Government of the United States, which 
la}^ on the table with amendments reported by the Committee of the 
Whole House. 

Mr. Madison moved to strike out that part of the bill which pro- 
vided that New York should be the temporar}- residence, as being con- 
trary to the Constitution, which gives the power to the two Houses to 
adjourn without the consent of the President, and before they could 
adjourn to any place but New York this bill, if it passes, must be 
repealed, which can not be done without his consent. 

Mr. Lawrence and Mr. Ames replied that the same objection would 
appl}" to the fixing of the permanent residence. 

Mr. Madison's motion to strike out was negatived without a division. 

Mr. Madison then moved to strike out the word " permanent," as it 
was unnecessary and not a term used in the Constitution. 

This motion was also negatived without a division. 

The bill with amendments was then ordered to be engrossed for a 
third reading on the next day, when it was passed — ayes, 31; noes, 16, 
viz: 

Ayes: Ames, Baldwin, Benson, Cl3mier, Contee, Fitzsimons, Flo5^d, 
Foster, Gale, Gilman, Goodhue, Grout, Hartley, Hathorn, Jackson, 
Lawrence, Leonard, Livermore, Muhlenburg, Patridge, Van Rensse- 
laer, Scott, Seney, Sherman, Sylvester, William Smith (of Maryland), 
Stone, Thatcher, Trum])ull, Wadsworth, and Wynkoop — 31. 

Noes: Bland, Boudinot, Burke, Cadwalader,, Coles, Lee, Madison, 
74986—09 5 



64 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Mathews, Moore, Parker, Shureman, William Smith (of South Caro- 
lina), Sumpter, Tucker, Vining, and White — 16. 

Saturday. Septeinhr 26^ 1789. — The bill was returned from the Sen- 
ate with an amendment striking out all that part respecting the Susque- 
hanna, and inserting a clause fixing the permanent seat of government 
at Germantown, in the State of Pennsylvania. 

A district of 1<> miles square, bounded on the south by a line run- 
ning parallel at 1 mile's distance from the cit}^ of Philadelphia on the 
east side of the river of Delaware and extending northwardly and west- 
erly so as to include Germantown. 

A motion to postpone the consideration of this amendment to the 
next session was lost — 29 to 25. 

Monday, September ^5, 1789. — Mr. Madison moved to amend the 
Senate's amendment by adding a proviso that nothing therein contained 
should be construed to affect the operation of the laws of Pennsyl- 
vania, within the said district of 1<» 'miles square, until Congress shall 
otherwise provide by law. 

This was agreed to without a division. 

Mr. Madison moved to strike out of the Senate's amendment those 
words which comprehend within the district such parts of the Northern 
Liberties of Philadelphia as are not excepted in the Pennsylvania act of 
cession. 

This motion was negatived without a division. 

Mr, Lee moved to strike out the clause providing for the temporary 
residence in New York. 

This was also negatived without a division. 

, Mr. Boudinot moved to amend the amendment of the Senate by 
annexing to it a clause providing that the seatof government might be 
anywhere on the Delaware, within the States of iS'ew Jersey, Pennsyl- 
vania, or either of them, above Philadelphia and below Howell's 
Ferry. 

This was also negatived without a division. 

The main ([uestion, that the House agree to the amendment of the 
Senalie, with the foregoing amendment, was then carried — ayes, 31 ; 
noes, 2-1-. 

The bill was then returned to the Senate, which postponed the con- 
sideration of the amendment until the next session. 

/// tlie Senate— Saturday., August ^^, 1789. — The memorial of John 
Cox and others, citizens of the State of New Jersey and of the State 
of Pennsylvania, praying that the future seat of government might be 
established on the banks of the Delaware, and proposing a cession of 
a tract of land of 10 miles square, was read, and, together with a draft 
of the said tract, was laid on the table. 

Tuesday, Angnst 25, 1789. —Mr . Maclay presented a draft of 10 
miles square, including the borough of Lancaster, with a letter con- 
taining a description of the same, from Edward Hand. Mr. Maclay 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 65 

also nominated Wright's Ferry, on the Susquehanna; Yorktown, west 
of the Susquehanna: Carlisle, west of the Susquehanna; Harrisburg, 
on the Susquehanna; Reading, on the Schuylkill, and Germantown, in 
the neighborhood of Philadelphia, as different places in Pennsylvania 
which had been proposed for the permanent seat of government of the 
United States. 

Monday^ September 21^ 1789. — Mr. Morris, on behalf of the Senators 
from the State of Pennsylvania, introduced a resolve of the general 
assembly of that State, of March 5, 1789, making a respectful offer to 
Congress of the use of any or all of the public buildings in Philadel- 
phia, the property of the State, etc., in case Congress should at anj'- 
time incline to make choice of that city for the temporary residence 
of the Federal Government. 

TJrursddy, Septemher 2J^, 1789. —On the second reading of the bill 
to establish the seat of government of the United States, a motion to 
strike out the works ''in the State of Pennsylvania" was negatived — 
10 to 8. 

On motion, the words "at some convenient place on the banks of 
the river Susquehanna, in the State or Pennsylvania," were stricken 
out — 11 to 7. 

A motion to insert in their place the words "at -some convenient 
place on the northern bank of the ••ivcr Potomac" was lost. A motion 
to fill the blank with these words — 

in the counties of Philadelphia. Che&ter. ai:<l Bucks, and State of Pennsylvania, 
including within it the town of Germantown id such parts of the Northern Liber- 
ties of the city of Philadelphia as are not excepted by the act of cession passed by 
the legislature of the said State, 

was carried by the casting vote of the Vice-President, 18 Senators 
being present. 

Friday., Se/ptemher 25, 1789. — A motion to strike out the words — 

and that until the necessary buildings should be erected therein, the seat of govern- 
ment shall continue at the city of New York — 

was lost — 11 to 7. 

The second section of the bill was then amended, so as to read as 
follows: 

And he it further enacted, That the President of the United States be authorized to 
appoint three commissioners, who are, under his direction, to locate a district, not 
exceeding 10 miles square, in the said counties, and including therein the said 
Nortb.ern Liberties and town of Germantown, and to purchase such quantity of land 
within the same as may be necessary, and to accept grants of land for the use of the 
United States, and to erect thereon, within four years, suitable buildings for the 
accommodation of the Congress and of the officers of the United States. 

The bill was further amended b}' striking out the last two sections, 
and inserting the following: 

Provided, That no powers herein vested in the President of the United States shall 
be carried into effect until the State of Pennsylvania, or individual citizens of the 



66 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

same, shall give satisfactory security to tlie Secretary of the Treasury to furnish and 
pay, as the same uiay be necessary, one hundred thousand dollars, to be employed 
in erecting the said buildings. 

Saturday^ Septemhe)' 26^ 1789. — Tho bill was reiid tlic third time, 
passed, and sent to the House of Representatives. 

Yeas, Messrs. Basset, of Delaware; Dal ton, of Massachusetts: Ells- 
worth, of Connecticut; Johnson, of Connecticut; King-, of New York; 
Morris, of Penns^dvania; Paterson, of New Jersey; Read, of Dela- 
ware; Schuyler, of New York; and Wingate, of New Hampshire — 10. 

Noes, Messrs. Butler, of South Carolina; Carroll, of Maryland; (iray- 
son, of Virginia; Cunn, of Georgia; Henry, of Maryland; Izard, of 
South Carolina; and Lee, of Virginia — 7. 

Monddij^ Septeviher 28, 1789. — The hill was returned ])v the House 
of Representatives, with an amendment to the Senate's amendment, 
the consideration of which was postponed to the next session, as before 
stated. 

In tlie House of RepTesentatives — Monday., May 31., 1790. — A motion 
to consider the following resolution, proposed by Mr. Fitzsimons, on 
the 27th, viz: 

Resolved, That Congress shall meet and hold their next session at — 

was carried, 32 to 27, Mr. Thatcher, of Massachusetts, who objected 
to the motion, remarking "that he did not think it of two paper dol- 
lars' consequence to the United States whether Congress met at New 
York, Philadelphia, or on the Potomac,'' 

A motion by Mr. Boudinot, to amend the sani(\ by inserting, after 
the word ''''resol/ved,'' the words — 

that a permanent seat for the Government of the United States shall l)e lixed at 
some convenient place on the banks of the Delaware, and — 

was de(^ided by the Speaker not to be in order. Upon appeal, the 
House was equally divided u\)on the question of order, and the Speaker 
decided that the motion was not in order. 

A motion by Mr. Lawrence to commit the original motion to a Com- 
mittee of the Whole House was negatived. 

Mr. Smith, of Maryland, proposed to fill the blaidv witli "Balti- 
more," whose inhabitants had raised a subscription of between twenty 
and thirty thousand pounds t(^ erect suitable ])uildinos. 

Mr. Shernuui proposed ^ ^^ ilmington." 

A motion to insert "New York" was lost — 35 to 25. 

Mr Gerry observed that it is important to determine the question 
respecting the temporary' and permanent residence of Congress, for 
while the question remains doubtful it will always be insinuating itself 
in all great national questions. 

Mr. Carroll moved to insert "Philadelphia." 

Mr. Seney moved to add "or Baltimore." Mr. Seney's motion was 
lost— 38 to 22. 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 67 

Mr. Carroirs motion prevailed — 38 to 22. 

Ayes — Messrs. Ashe, Baldwin, Boudinot, Brown, (^adwalader. Car- 
roll, Clymer, Coles, Contee, Fitzsimons, Gale, Gilnian, Goodhue, Grif- 
fin, Hartle}", Heister, Jackson, Lee, Leonard, Madison, Mathews, 
Moore, Muhlenburg, Pag-e, Parker, Scott, Sene}', Sinnickson, Smith 
of Maryland, Steele, Stone, Sumpter, Thatcher, Vining, White, Wil- 
liamson, Wj^nkoop — 38. 

Noes — Ames, Benson, Bloodworth, Burke, Floyd, Foster, Gerry, 
Grout, Hathorn, Huger, Huntington, Lawrence, Livermore, Van 
Rensselaer, Schureman, Sedgwick, Sherman, Silvester, Smith of South 
Carolina, Sturges, Trumbull, and Tucker — 22. 

The resolution was then sent to the Senate for their concurrence. 

In the Senate {on the same 31st of May ^ 1790). — Mr. Butler, of South 
Carolina, by leave, presented a bill to determined- 
tile permanent seat of Congress and the Government of the United States — 

which was read the first time. 

Tuesday, J^oie 1, 1790. — The bill was read the second time and 
debated. The resolution of the House of the 31st of May was received 
and its consideration postponed to the next day. 

Wednesday, June 2, 1790. — The bill and resolution were committed 
to Messrs. Butler, Johnston, Henry, Lee, and Dalton. 

Monday, Jane 7, 1790. — Mr. Butler, from the committee, made 
report on the bill respecting the permanent residence, the considera- 
tion of which reports was postponed to the next day. 

Tuesday, June 8, 1790. — The Senate refused (13 to 11) to concur in 
the resolution of the House '"to meet and hold their next session in 
Philadelphia.'' 

The Senate then proceeded to consider the report of the committee 
on the bill to determine the permanent residence, etc.; which was as 
follows: 

First. That in their opinion, taking a combination of circumstances into considera- 
tion, the present session is a proper time for fixing on the permanent residence of 
Congress and the Government of the United States, and, after due consideration, 
recommend that it be placed on the eastern or northeastern bank of the Potomac. 

Your committee further recommend that such sums of money as may be offered 
by the States for the carrying this bill into effect may be accepted of; then the bill 
will read thus: "And to accept of grants of money or lands." 

Your conmiittee were of opinion that Congress can best determine the time to be 
allowed for completing the buildings. 

With respect to the temporary residence of Congress, your committee, after weigh- 
nig all circumstances, consider the ground of choice to \w so narrowed as to be full 
in the view of the Senate. 

Your committee recommenti tliat the Senate should agree with all the other parts 
of the bill. 

Whereupon a motion was made that the opinion of the Senate be 
taken, whether it be expedient at this time to determine upon any 
place for the permanent seat of the Government of the United States. 



68 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

The question was decided in the negative by the casting vote of the 
Vice-President. 

On motion: 

Ordered^ That the consideration of the })ill to determine "the per- 
manent seat of Congress,'' etc., be resumed, the report of the commit- 
tee being rejected. 

A motion was lost (15 to 0) to till the blank in the first paragraj^h 
with the words ''"the easterly bank of the Potomac." 

A motion was also made to postpone the farther consideration of 
the bill for a fortniglit. It passed in the negative. 

A motion to fill the l)lank with "Baltimore." was also lost, 17 to 7. 

The following motions were also lost, viz: 

To postpone the bill indefinitely. 

To postpone the bill till the next session of Congress. 

To reject the first enacting clause of the bill, viz: 

Be it enacted, etc., That a district of territory not exceeding 10 miles square to be 
located as hereafter directed at , and the same is hereby accepted as the per- 
manent seat of Congress and the Government of the United States. 

To adjourn. 

To fill the blank with "Wilmington, in the State of Delaware."" 

A motion was then made, that the first enacting clause be agreed to; 
which was superseded by a motion to adjourn, which was carried. 

In the House of Representative^^ Tuesday, June 8, 1790. — The House 
was informed b}" message that the Senate disagreed to the resolution 
of the House of the 31st of May, "That Congress shall meet and hold 
their next session at the city of Philadelphia." 

Thursday, June 10, 1790. — The House agreed, by a vote of 33 to 2!), 
to take up a motion which had been laid on the table, as follows: 

Resolved, That when tlie two Houses shall adjourn to close the present session, the 
President of the Senate and Speaker of the House of Representatives do adjourn 
their respective Houses to meet and hold their next session in the city of Phila- 
delphia. 

The motion being read, the House refused to conunit it to a Cc^ni- 
mittee of the Whole— 33 to 28. 

Friday, June 11, 1790. — A motion to substitute "Baltimore" for 
"Philadelphia"" was carried^31 to 28. 

The resolution, so amended, was then agreed to^ — 53 to H, the noes 
being Messrs. Fitzsimon.s, of Pennsylvania; Gilman, of Massachusetts; 
Schureman, of New Jersey; Tucker, of South Carolina; Williamson, 
of North Carolina, and Wynkoop, of Pennsylvania. 

hi the Senate — Monday, June 28, 1790. — "^Fhe Senate proceeded to 
the consideration of the resolve of the House of Representatives of the 
11th of June (to adjourn to Baltimore), which was postponed to take 
up the bill to determine "the permanent seat," etc. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 69 

On motion: 

Ordered^ That the consideration of the bill be postponed, and that 
the representation of JohnO'Donnell, in behalf of himself and others, 
citizens of Baltimore town, stating- that town to be exceedingly com- 
modious and eligible for the permanent seat of government of the 
United States, and the representation of Robert Peter in behalf of 
liimself and others, inhabitants of Georgetown, for the same purpose, 
Tje severally read. 

The consideration of the bill was resumed, and the first enacting 
clause read, as follows: 

Be it enacted, etc., That a district of territory, not exceeding 10 square miles, to be 
located as hereafter directed, at - — — - be, and the same is hereby, accepted as the 
permanent seat of Congress and the Government of the United States. 

A motion to fill the blank with the word " Baltimore" was lost — 15 
to 10. 

On motion, after the word ''directed," in the fifth line of the bill, to 
strike out to the end of the clause, and insert — 

on the river Potomac,-, at some place between the mouths of the Eastern Branch and 
Connogochegue, be, and the same is hereby, accepted, for the permanent seat of the 
Government of the United States: Prodded, nevertlieless, That the operation of the 
laws of the State within such district shall not be affected by this acceptance, until 
the time fixed for the removal of the Government thereto, and until Congress shall 
otherwise by law provide. 

It passed in the afiirmative, 16 to 9. 

On motion that the bill be amended as follows: 

After the word "authorized," in the second clause, strike out to the end of the said 
clause and insert, "to appoint, and by supplying vacancies happening from refusals 
to act, or other causes, to keep in appointment, as long as may be necessary, three 
commissioners, who, or any two of whom, shall, under the direction of the President, 
and by proper metes and bounds, define and limit a district or territory, under the 
limitations above mentioned; and the district so defined, limited, and located shall 
be deemed the district accepted by this act for the permanent seat of the Government 
of the United States. ' ' 

The motion was agreed to without a division. 

On motion to subjoin to the amendment last agreed to, as follows: 

And be it enacted, That the said commissioners, or any two of them, shall have 
power to purchase or accept such quantity of land on the eastern side of the said 
river, within the said district, as the President shall deem proper for the use of the 
United States, and according to such plans as the President shall approve, the said 
commissioners, or any two of them, shall, prior to the first Monday in December in 
the year 1800, provide suital)le buildings for the accommodation of Congi-ess and of 
the President, and for the public offices of the Government of the United States. 

A motion was made to amend the amendment so as that it should 
read, "prior to the first Monday of December, 1794;" which motion 
was lost — ^16 to 9. 

A motion was then made to amend the proposed amendment so as 



70 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

that it should read, •'prior to the tirst Mondaj' in December, 1798;" 
which was also lost. 

And on motion to agree to the proposed amendment to the bill, it 
passed in the negative — 17 to 8. 

A motion prevailed (15 to 10) to strike out the third, fourth, and 
fifth enacting clauses in the bill and insert the following: 

And be it enacted, That for defraying the expense of such purchases and buildings 
the President of the United States be authorized and requested to accept grants of 
money, and cause to be borrowed a sum not exceeding one hundred thousand dol- 
lars, at an interest not exceeding six per cent; for payment of which, and repayment 
of the principal within twenty years, so much of the duties on imposts and tonnage 
as may be sufficient is hereby pledged and appropriated. 

On motion to subjoin the following to the clause last agreed to: 

And he it enacted. That on the said first Monday in December, 1800, the seat of 
the Government of the United States shall, by virtue of this act, be transferred to 
the district and place aforesaid; and all offices attached to the said seat of govern- 
ment shall accordingly be removed thereto by their respective holders, and shall, 
after the said day, cease to be exercised elsewhere; and the necessary expense of 
such removal shall be defrayed out of the duties on imposts an<l tonnage, of which a 
sufficient sum is hereby appropriated. 

It was carried — 13 to 12. 

On motion to fill the first blank in the last paragraph of the bill, viz: 

And he it fartJier enacted by the authoritij ((foremid, That the temporary residence 
of Congress shall be and continue in the till the year , and no longer — 

with the words "citj^of New York,"' it passed in the affirmative — 
13 to 12. 

Tuesday^ June 29. 1790. — A motion to fill the ])lank in the last para- 
graph of the l)ill with the words "one thousand eight hundred" was 
carried — 13 to 12. 

A motion to agree to the last clause of the bill, amended to read as 
follows: 

Be it enacted, etc. That the temporary residence of Congress shall In) and continue 
in the city of New York till the year 1800, and no longer. 

It passed in the negative — 16 to 9. 

A motion was made to subjoin the following paragraph to the bill 
in lieu of that last struck out, to wit: 

And he it enacted, That prior to the first Monday in December next, all ofiicea 
attached to the seat of Government of the United States, shall be removed to, and 
until the first, Monday in December, in the year 1800, shall remain at, the city of 
Philadelphia, in the State of Pennsylvania; at which place the two Houses do hereby 
resolve that the session of Congress next ensuing the present shall be held. 

A motion was made to amend the motion, as follows: 

And he it enacted, That Congress shall continue to hold their sessions in the cily of 
New York until the first Monday in December, 1794; and from and after the said 
first ^Monday of December, 1794, Congress shall hold their sessions in the city of 
Philadelphia, and shall continue there to hold the same until the first Monday in 
December, 1800. 



GOVEENMENT OF THE DISTKICT OF COLUMBIA. 7l 

This last motion was negatived by the casting- vote of the Vice- 
President, the Senate being divided — ^13 to 13. 

A similar motion in regard to New York and Baltimore was nega- 
tived— 16 to 10. 

A similar motion to continue to sit at New York until the first Mon- 
day in December, 1T92, and afterwards at Philadelphia until the first 
Monday in December, 1800, was decided in the negative by the casting 
vote of the Vice-President, 

The original motion, for removing the public offices to the Federal 
District before the first Monday in December, 1800, and to remove to 
and continue in Philadelphia until that time, was negatived by the cast- 
ing vote of the Vice-President, the Senate being divided — 13 to 13, viz: 

Yeas: Bassett, Carroll, Elmer, Gunn, Hawkins, Henry, Langdon, 
Lee, Maclay, Morris, Read, Walker, and Wingate— 13. Nays: But- 
ler, Dalton, Ellsworth, Few, Foster, Johnson, Johnston, Izard, King, 
Paterson, Schuyler, Stanton, and Strong — 3 3. 

A motion that the bill pass to a third reading was superseded by a 
motion to adjourn, which was carried. 

Wednesday, June 30^ 1790. — The Senate agreed to reconsider the last 
paragraph in the bill, which was yesterday struck out; and 

On motion to amend the paragraph to read as follows: 

And he it enacted, That prior to the first Monday in December next all offices 
attached to the seat of the Government of the United States shall be removed to and, 
until the said first Monday in December in the year 1800, shall remain at the city of 
Philadelphia, in the State of Pennsylvania, at which place the session of Congress 
next ensuing the present shall be held. 

A motion was made to amend the motion to read as follows: 

Ayid be it enacted, That Congress shall continue to hold their sessions in the city of 
New York until the first Monday in December, 1794, and from and after the said 
first Monday of December, 1794, Congress shall hold their sessions in the city of 
Philadelphia, and shall continue there to hold the same until the first Monday of 
December, 1800. 

This motion was lost without a division. 

A similar motion to amend, substituting 1792 for 1791, was also lost 
without a division. 

The original motion was then carried, 11 to 12, Mr. Butler having 
gone over. 

The Senate also agreed to reconsider and strike out the following 
clause, which had been agreed to 3'esterday: 

and cause to be borrowed a sum not exceeding one hundred thousand dollars at 
an interest not exceeding six per cent, for payment of which, and repayment of the 
principal within twenty years, so much of the duties on imposts and tonnage as may 
be sufficient is hereby pledged and appropriated. 

Yeas, 19; na^^s, 7. 

The bill was then ordered to a third reading, 10 to 10, viz: 

Ayes: Bassett, Butler, Carrol!, Elmer, Few, Gunn, Hawkins, Henry, 



72 GOVERNMENT OK THE DISTRICT OF COLUMBIA. 

Johnston, Langdon, Lee, Maclay, Morris, Read, Walker, and Win 
gate, 16, 

Noes: Dalton, Ellsworth, P^oster, Johnson, Izard, King-, Peterson, 
Schuyler, Stanton, and Strong, 10. 

Th>i)'s<hnj^ July 7, 1790. — On the third reading of the bill, a motion 
was lost to strike out these words in the first enacting clause, '"between 
the mouths of the P^astern Branch and Connococheaque," and insert 
"within tliirty miles of Hancock Town." 

A motion to substitute the first Monday in May, 1T1>1, for the first 
Monday in December, 1790, as the time for the removal of the public 
offices to Philadelphia, was lost by the casting vote of the Vice-Presi- 
dent, the Senate being divided, 13 to \?>. 

A motion to restore the clause authorizing the President to borrow 
one hundred thousand dollars' was lost without a division. 

The bill was then passed — 1-1 to 12. Mr. Few and Mr. Wingate, 
who voted in favor of the third reading, voted against the passage of 
the bill. The other votes wore the same as on ordering the bill to a 
third reading. 

The title of the bill was ordered to be ""An act for establishing the 
temporary and permanent seat of the Government of the United 
States." 

In the House of Representatives., Friday^ July '2, 1790. — The bill was 
brought in from the Senate and had its first and second reading and 
■committed to a conmiittee of the whole House. 

Tuesday., July 0\ 1790. — In Committee of the Whole Mr. Sherman 
moved to strike out of the first clause the words "on the river Poto- 
mac,'" etc., and insert a clause which should include the town of 
Baltimore. 

Mr. Burke, of South Carolina, in debate, speaking of the removal 
of Congress from New York to Philadelphia, said: 

It is calculated to anv!>t the funding system and to throw everything into con- 
fusion. * * * If the ))ill is passed in its present form Congress will never leave 
Philadelphia. 

He spoke in handsome terms of Pennsylvania, but he was afraid of 
its influence, and it Avas the last State in which he would ever consent 
that the permanent seat of Government should be. He then a(h'(M-ted 
to the influence of the members from that State, who 1)V their i)()litical 
management had, lie said, raised a storm in the United States. He 
objected to Philad(di)liia also on account of there being no galler}' in 
the House proposed for the accommodation of Congress. An open 
gallery he considered as a very important check to the legislatur(\ 

Mr. Lawrence, amolig other topics, adverted to the funding busi- 
ness and other important matters which remain to be decided on, and 
very strongly intimated that these (juestions weiH^ to be determined 
agreeably to the fate of tiiis bill. 

^Ir. Bloodworth observed that, as the funding- 1)111 had b(HMi alluded 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 73 

to, he could wish that the objection from that quarter might be taken 
•out of the way, and moved that the}' rise in order to take up the ways 
and means. 

Mr. Smith, of Marjdand, introduced an address from the inhabit- 
ants of Baltimore to the Members and Senators from that State, which 
was read. A memorial from the inhabitants of Georgetown was also 
read, and certain papers received from the executive of Virginia, and 
a report of a conmiittee appointed by the old Congress to view the 
banks of the Potomac. 

Mr. Sene}', of Maryland, observed that the State of Maryland was as 
much divided on the subject as the United States seemed to be. A 
great rivalship exists between the Potomac and Susquehanna rivers. 
Pennsylvania and Maryland had given the preference to the Susque- 
hanna. He agreed that PennsAdvania, Maryland, and Virginia were 
the only States who could make any reasonable pretensions for the 
seat of government, l)ut a majority of voices from these States had 
been against the Potomac. 

Ml'. Scott, of Pennsylvania, said that from the town of Baltimore 
there is no water conveyance to the interior country, but from the 
proposed place on the Potomac there are 200 miles navigation directly 
into the heart of the country. 

Mr. Madison contended that Baltimore offered no advantages which 
were not common to the Potomac, and that in regard to centrality, 
securit}' from invasion, and relation to the western country, the 
Potomac had greath' the advantage. 

In answer to the fears of some, that a future Congress would repeal 
the act, he flattered himself that some .respect would be paid to the 
public interest and the plighted faith of the Government. He urged 
the friends of the In'll not to put it in hazard by consenting to any 
amendment. 

Mr. Gerry regretted that the subject had been brought forward, 
"for it is ver}^ evident that it has had a very pernicious influence on 
the great business of funding the public debt.'' He said that it had 
been promised to New York that this place (New York) should be the 
temporary residence of Congress, and on this engagement they came 
into an unconditional adoption of the Constitution. 

Mr. Vining, of Delaware, said: 

We are sent here to do the pubHc business, and I trust that our constituents have 
not sent men that are to be deterred from doing their duty by such insi(hous insin- 
uations, such ill-founded suggestions of deceiving and deluding the citizens of this 
place. He imputed the embarrassments of the public business to the assumption of 
the State debts, and not to the subject of residence. 

Wednesday^ July 7, ^7-96*. — In Committee of the Whole, Mr. Smith, 
of South Carolina, and several other njembers expressed their appre- 
hensions that if Congress should remain ten years in Philadelphia the 
seat of government would never be removed. 



74 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Mr. Sherman's motion to substitute Baltimore for the Potomuc was 
negatived— 37 to 23. 

Mr. Burke then made the followin^^ motion: That the seat of gov- 
ernment should remain in New York two years from last Ma}'; and from 
the expiration of that time to the year 1800, that the seat of govern- 
ment should remain in Philadelphia. This resolution was laid on the 
table. 

Mr. Sedgwick, of Massachusetts, moved to substitute ''Delaware" 
for "Potomac." Negatived without debate. 

Mr. Seney moved that the permanent residence should be fixed 
between the Potomac and the Susquehanna. Negatived Avithout 
a division. 

Mr. Gerry moved to amend the clause so us to inchide the town of 
Alexandria. This motion was also lost. 

A motion by Mr. Smith, of Maryland, to insert the word "locate," 
was also lost; as was also a motion made by Mr. Lawrence, of New 
York, to substitute 1795 for 1800. 

Tuesday, July S, 179U. — Mr. Burke, of South (^arolina, then moved 
the following amendment: 

Be il further enacted, That the city of New York shall l)e seat of the government of 

the United States until the day of ; and that thereafter, as soon as the 

same may be conveniently done, all the offices attached to the seat of the (iovern- 
ment of the United States shall be removed to the city of Philadelphia, in the State 
of Pennsylvania, which shall thenceforth he the seat of said Government until the 
day of . 

This motion was lost — 32 to 28. 

Mr. Smith, of South Carolina, moved the words '"at which place 
the ensuing session of Congress shall ])e held" should be erased, on the 
ground that the clause would limit the constitutional right of the two 
Houses to adjourn without the consent of the President. 

This motion l)eing negatived, the conunittee rose and reported the 
bill without amendment. 

Friday^ July 9, 1790. — ]Mr. Boudinot movini to substitute '"Dela- 
ware" for "Potomac." Negatived, 39 to 22. 

Mr. Ames, of Massachusetts, moved to strikeout "Potomac"* and 
insert "Georgetown, in Pennsylvania.'' Negatived, 39 to 22. 

Mr. Smith, of Maryland, moved to strike out "Potomac." etc., and 
insert the words "between the rivers Susquehanna and Potomac, as 
the most healthy and convenient place, having due regard to the navi- 
gation of the Atlantic Ocean and the situation of the Western terri- 
tory." Negatived, 36 to 2;>. 

Mr. Lawrence moved to substitute " Baltimore " for "the Potomac." 
The question was divided and the motion to strike out was negatived, 
34 to 26. 

Mr. Gerry moved to strike out of the third section the words "pur- 
chase or." Negatived, 35 to 26. 



GOVERISTMENT OF THE DISTRICT OF COLUMBIA. 75 

Mr. GeiT}^ then moved to amend the third section by inserting- after 
the word "purchase" the words "with such money only as may be 
granted to the President of the United States in the manner herein- 
after provided." Negatived, 33 to 26. 

Mr. Lawrence moved to add these words, '"' Pj^ovided, That the pur- 
chases and buildings aforesaid shall not exceed the sum of dol- 
lars. Negatived, 32 to 26. 

Mr. Gerry then moved to strike out the words "three Cyommission- 
ers or any two of them. Lost. 

Mr. Tucker, of South Carolina, moved to strike out the tifth section 
(respecting the removal of the public offices). Negatived, 33 to 28. 

Mr. Burke moved to substitute "Ma}", 1792," for "December, 
1790," in the fifth section. Lost, 32 to 28. 

Mr. Sherman moved to substitute "May," for "December," in the 
fifth section. Lost, 33 to 28. 

Mr. Smith, of South Carolina, moved to strike out of the tifth sec- 
tion the words "at which place the session of Congress next ensuing 
the present shall be held." Lost, 33 to 26. 

Mr. Smith, of Maryland, moved to amend the fifth section by adding 
the following, viz: 

Provided nevertheleHs, That whenever the President of the United States shall receive 
authentic information that the public buildings aforesaid are so far completed as to 
be fit for the reception of both Houses of Congress all offices attached to the seat of 
government shall be removed thereto, anything herein contained to the contrary 
notwithstanding. 

Negatived, 48 to 13. 

The bill was then passed, without amendment — ayes, 32; noes, 29. 

Ayes — Ashe, Baldwin, Bloodworth, Brown, Cadwalader, Carroll, 
Clymer, (^oles, Contee, Fitzsimons, Gale, Griffin, Hartly, Heister, 
Jackson, Lee, Madison, Matthews, Moore, Muhlenberg, Page, Parker, 
Scott, Sevier, Sinnickson, Steele, Stone, Sumter, Vining, White, Wil- 
liamson, Wynkoop — 32. 

Noes — Ames, Benson, Boudinot, Burke, Floyd, Foster, Gerry, Gil- 
man, Goodhue, Grout, Hathorn, Huntington, Lawrence, Leonard, 
Livermore, Partridge, Rensselaer, Schureman, Sedgwick, Seney, Sher- 
man, Silvester, Smith of Maryland, Smith of South Carolina, Sturges, 
Thatcher, Trumbull, Tucker, Wadsworth— 29. 

The bill was approved b}" the President on the 16th of July, 1790. 

Monday^ April 7, 1800. — "An act to make further provision for 
the removal and accommodation of the Government of the United 
States" was read the third time in the House of Representatives. 
Passed — 17 to 33, and sent to the Senate for concurrence. 

House., Wednesday., April 16^ 1800. — Messrs. H. Lee, Craik, Evans, 
Dennis, and Marshall were appointed a committee to prepare and 
, report a system of rules and regulations respecting the Territory of 
Columbia. This committee did not report. 



76 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Snatt^^ Thur'nday^ April 17\ 1800. — The })ill "to niiike further pro- 
visions^" etc., was passed by the Senate with amendments — 18 to 10. 

Yeas — Anderson, Baldwin, Bloodworth, Chipman, Cocke, Dexter^ 
Foster, Franklin, Greene, Giuin, Lanpfdon, Lloyd, INIjirshall, Mason, 
Nicholas, Pinkney, Head, and Tracy — IS. 

Noes — Bingham, Brown, Goodhue, Hillhouse, Latimore, Lawrence, 
Liyerniore, Ross, Scluii'eman, and Wells — 10. 

The House agreed to the amendment, and the hill was approyed on 
the 24th of April, 1800. 

On the 13th of May, 1800, the President approved an act directing 
that the next session of Congress should be holden at the cit}^ of 
Washington on the third Monday of Noyember, 1800. This bill, which 
originated in the Senate, was ordered to a third reading in the House 
on Friday, May 9, 1800, l)y the casting vote of the Speaker, the 
House being divided — 32 to 32. On the third reading the bill was 
passed, 41 to 35. 

On the 22d of November, 1800, the President (Mr. ,Iohn Adams), in 
his speech at the opening of Congress, said: 

I congratulate the people of the United States on the assembling Of Congress at the 
permanent seat of their Government, and I congratulate you, gentlemen, on the 
prospect of a residence not to be changed. It is with you, gentlemen, to consider 
whether the local powers over the District of Columbia, vested by the Constitution 
in the Congress of the United States, shall be immediately exercised. If, in your 
opinion, this important trust ought now to be executed, you can not fail, while per- 
forming it, to take into view the future probable situation of the territory for the 
happiness of which you are about to provide. You will consider it as the cajiital of 
a great nation, advancing with unexampled rapidity in arts, in commerce, in wealth, 
and in population, and possessing within itself those energies which, if not thrown 
away or lamentably misdirected, will secure to it a long course of prosperity and 
self-government. 

The House of Representatives, in their answer to the speech, say: 

The final establishment of the seat of National Government, which has now taken 
place in the District of Columbia, is an event of no small importance in the ])(>litical 
transactions of our country. A consideration of those powers which have been vested 
in Congress over the District of Columbia will not escape our attention, nor shall we 
forget that in exercising these powers a regard must be had to those events which 
will necessarily attend the capital of America. 

Wednesday, December 31, 1800. — On a motion to recommit the bill 
concerning the District of Columbia, Mr. Harper (in reply to an obser- 
vation that th<> peoi)le of the District had continued for one hundred 
years to live happily under their respective State governments, and 
therefore it was not necessary' for Congress to legislate at all on the 
subject) said: 

But the provision of the Constitution on this subject had not been made with this 
view. It was made to bestow dignity and independence on the Government of the 
Union. It was to protect it from such outrages as had occurred when it was differ- 
ently situated, when it was without competent legislative, executive, and judiciaf 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 77 

power to insure to itself respect. While the government was under the guardianship 
of State laws, those laws might be inadequate to its protection, or there might exist 
a spirit hostile to the General Government, or, at any ra'.e, indisposed to give it proper 
protection. This was one reason, among others, for the provisions of the Constitution 
confirmed and carried into effect by the acts of Maryland and Virginia, and by the 
act of Congress. 

The bill was recommitted to Messrs. H. Lee, Evans, Craik, Bird, 
Silas Lee, Chauncey Goodrich, and Dennis. 

This committee did not report upon that hill, it having been super- 
seded by a bill with the same title, which originated in the Senate 
and which was l)rought to the House on the 5th of Februar3^ 1801, 
and committed to a committee of the whole House, where it was 
amended and passed, with the amendment, by the House, on the 23d, 
and returned to the Senate, who agreed to the amendments on the 
26th; and the bill was signed by the President on the 27th. 

Notwithstanding the seat of (xovernment was thus fixed, the public 
offices removed, and Congress had exercised its exclusive legislation 
over the District, a motion was made on the 8th of February, 1803, 
in the House of Representatives, by Mr. Bacon (of Massachusetts) that 
it be — 

Resolved, That it is expedient for Congress to recede to the State of Virginia the 
jurisdiction of that part of the Territory of Columbia which was ceded to the United 
States by the said State of Virginia by an act passed the 3d of December, 1789, 
entitled, etc., provided the said State of Virginia shall consent and agree thereto. 

Resolved, That it is expedient for Congress to recede to the State of Maryland the 
jurisdiction of that part of Columbia which was ceded to the United States by the 
said State of Maryland by an act passed the 19th of December, 1791, entitled "An 
act concerning the Territory of Columbia and the city of Washington;" provided 
the said State of Maryland should consent and agree thereto. 

This motion was referred to a committee of the whole House 
immediately. 

The reasons urged in favor of these resolutions were — 

1. That exclusive jurisdiction is not necessar}" nor useful to the 
Government. 

2. That it deprives the inhabitants of the District of their political 
rights. 

3. That much of the time of Congress was consumed in legislating 
for the District. 

■i. That the government of the District is expensive. 

5. The incompetency of Congress to legislate for the District, because 
the members are strangers to its local concerns. 

f>. It is an example of a government without representation, an 
experiment dangerous to the liberties of the States. 

In answer to these reasons it Avas said: 

1. That the Constitution and the acts of cession of the States of 
Maryland and Virginia and the act of Congress accepting the cession 



78 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

all contemplate the exercise of exclusive legislation by Congress; and 
its usefulness, if not its necessit}', is inferred from the inconvenience 
which was felt by the Congress of the Confederation foi- Mant of it. 

2. That the people themselves, who are said to l)e deprived of their 
political rights, have not complained and do not desire a recession. 
Thi» evil maybe remedied by giving them a representation in Congress 
when the District shall become sufficiently populous, and in the mean- 
time a local legislature. If they have not political rights, they have 
great political influence. 

3. The trouble and expense of legislating for the District will not 
be great, and will diminish, and may in a great measure be avoided 
b}' a local legislature. 

-t. That Congress having accepted the cession can not divest itself 
of the right of exclusive jurisdiction and retain its seat of governuKMit. 

5. That Congress can not recede the inhabitants without their 
consent. 

6. If the District should be receded, there would l^e no obligation 
upon the Government to remain in this place. 

7. By accepting the cession and exercising exclusive legislation a 
contract was entered into between the ceding States, the Congress, and 
the people of the District which could not be dissolved but by the 
consent of all the parties. 

After two days' debate the committee, on the 9th of February, 
reported their disagreement to the resolutions, and the House con- 
curred in the report — QQ to 26. 

Notwithstanding this decided rejection of these resolutions, they 
were renewed at the next session by Mr. Dawson, in the House, on 
the 17th of March, 1804. The cit}- of Washington, however, was 
excepted from their operation. 

On the same day ]VIr. Wright, in the Senate, brought in a bill for 
the temporary removal of the pul)lic offices to Baltimore, and for the 
session of Congress at that place. 

Mr. Dawson's resolutions were i-eferred to a counuittee of the mIioIc 
House. 

On the 23d of March the House refused to go into committee upon 
them, and they were postponed to the iirst Monday in December, i. (^, 
rejected by a large majority, and without debate. 

In the Senate, on Monday, the 19th of March, Mr. Wright himself 
moved that the further consideration of the bill which he had intro- 
duced on the 17th should be postponed to the first Monday of May (a 
day after the end of the session), intimating that it was not his inten- 
tion that the 1)ill should be passed, but that it should operate as a 
stimulus to the inhabitants of the city to exert themselves in providing 
more convenient acconniiodations for the members of Congress. 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 79 

Gen. James Jackson, of Georgia, in repl}^ denied the right of Con- 
gress to remove the seat of government, which had been fixed under 
the provisions of the Constitution. He observed tliat it had already 
cost the nation the assumption of the State debts to the amount of 
twenty-one millions of dollars, besides one or two millions for the 
public accommodation. That Congress could not remove without a 
violation of the Constitution, and of the public faith, and without 
indemnifying the proprietors of propert}' in the District. He said he 
should vote against the postponement under the expectation that the 
Senate would take up the bill and reject it by a majority so great that 
no similar proposition should ever be brought before them. 

Mr. Anderson, of Tennessee, considered Congress as having the 
constitutional power of altering the seat of government, and thought 
it expedient to remove from Washington and to indemnify the 
inhabitants. 

Mr. Cocke, of Tennessee, was of opinion that the permanent seat of 
the Government was fixed under the Constitution and that Congress 
had not the power to alter it. 

Mr. Adams, of Massachusetts, also contended strenuously against the 
right of Congress to remove the seat of Government. To do so would 
be to prostrate the national faith and to shake the confidence of the 
nation in the Government. 

The question of postponement was then taken and decided in the 
negative, 2-1: to 3. 

Mr. Dayton, of New Jersey, said that he had been instructed by the 
legislature of New Jersey, in case any prospect presented itself of a 
removal of the seat of Government, to offer in their name the public 
buildings in Trenton for their accommodation. He therefore gave 
notice that in case the bill should go to a third reading he should pro- 
duce his instructions and move to substitute Trenton for Baltimore. 
At the same time he declared his opinion of the impolicy of the pro- 
posed measure. The provision in the Constitution had arisen from an 
experience of the necessity of establishing a permanent seat for the 
Government. To avert the evils arising from a perpetual state of 
mutation, and from the agitation of the public mind whenever the 
question was discussed, the Constitution had wiseh^ provided for the 
establishment of a permanent seat, vesting in Congress exclusive legis- 
lation over it. He admitted that there might be reasons which would 
justify a removal, such as great insalubrity of climate, or very great 
inconvenience in transacting the public business, or a turbulent spirit 
in the inhabitants endangering the safety of Congress, or a determined 
resolution, arising from a dissatisfaction with the government of Con- 
gress, expressed in favor of a recession. He did not, however, appre- 
hend that any of these reasons would occur. 
74986—09 1) 



80 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

On the motion of Mr. Maclay, of Pennsylvania, the words " Balti- 
more " and " Mar3'land" were stricken out of the first section, and 
after further aroument the bill was negatived, 19 to 9. 

On Wednesday, the 12th of February, 1806, Mr. Smilie, cif Pennsyl- 
vania, offered in the House of Representatives two resolutions for 
re-ceding- the District of Columbia, similar to those which had l)een 
offered by Mr. Bacon on the 8th of February, 1803. 

These resolutions were referred to a Committee of the Whole House, 
and made the order of the day for. the following ^Monday, ])ut were 
never afterwards considered. 

On Monday, the 26th of September, 1814, innnediately after the 
burning of the Capitol and public offices by the British, Mr. Fisk, of 
New York, proposed in the House of Representatives the following 
resolution : 

Resolved, That a committee be appointed to inquire into the expfediency of remov- 
ing the seat of Government during the present session of Congress to a place of greater 
security and less inconvenience than the city of Washington, with leave to report by 
bill or otherwise. 

This resolution was agreed to — 72 to 51. 

On Monday, October 3, the committee reported that it was inex- 
pedient to remove the seat of government at this time from the city 
of Washington. 

Upon the motion of Mr. Fisk, the word ''expedient" was substi- 
tuted for " inexpedient," by the casting vote of the Speaker (Mr. 
Cheves), the House being divided — (iS to (\S. The reason which he 
gave was that this District could not be defended except at an inmiense 
expense. The report, as amended, was then referred to a Committee 
of the Whole House and made the order of the day for the -Ith of 
October, when a motion by Mr. Newton of Virginia to postpone the 
subject indefinitely was lost — 77 to 61; and on the 6th the resolution, 
as amended, was agreed to — 72 to 71, and a committee was appointed 
to bring in a bill accordingly, who reported on the 13th. 

On the 15th the bill was rejected — 83 to 74. If the vote had l)een 
taken by States, Delaware and all the States east of Delaware would 
have been in favor of removal and the other States against it, except- 
ing Kentucky, which was equally divided. There ])eing tlien Is States 
in the Union, the i) Eastern States would have carried the bill tiirough 
the House. 

The debate upon this subject was maintained for several days by 
Mr. Pearson of North Carolina (one of whose speeches will be found 
in the National Intelligencer of November 5, 1814), Mr. Johnson of 
Kentucky, Mr. Forsyth, Mr. Hawkins, Mr. Macon, Mr. Fisk of Ver- 
mont, and Mr. Rhea against the removals; and Mr. Stockton, Mr. 
(irosvenor, Mr. Sharpe, Mr. Bowen, Mr. Ingersoll, and Mr. Fisk of 
York in favor of it. 

This debate, with the exception of Mr. Pearson's speech, has not 
been published. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 81 

The last proposition which has been made for receding any portion 
of the District was made by Mr. Darlington, in the House of Repre- 
sentatives on the 6th of January, 1820, in the following words: 

Whereas there appears to be considerable dissatisfaction among the inhabitants 
of the District of Columbia, who reside without the limits of the city of Washington, 
on account of the inconveniences to which they are subjected by the present mode 
of government in said District; and, 

Whereas it is desirable that Congress should, as far as practicable, be relieved from 
the duty of legislating in cases where it is at once burthensome in itself and unaccept- 
able to the people: Therefore, 

Resolved, That the Committee for the District of Columbia be instructed to enquire 
into the expediency of retroceding and restoring to the States of Maryland and Vir- 
ginia, respectively, all such portions of the territory of said district, not included 
within the limits of the city of Washington, as were derived from those States. 

But the House refused to consider the resolution. 



Appendix 2. 

AN ACT for establishing the temporary and permanent seat of the Government of 

the United States. 

Section 1. Be it enacted hy the Senate arid House of Representatives 
of the Zhilted States of America in Congress assemhJed^ That a district 
of territory, not exceeding ten miles square, to be located as hereafter 
directed on the river Potomac, at .some place between the mouths of 
the Eastern Branch and the Connogochegue, be, and the same is hereby, 
accepted for the permanent seat of the government of the United 
States: Provided nevertheless, That the operation of the laws of the 
State within such district shall not be affected l)y this acceptance, until 
the time Hxed for the removal of the government thereto, and until 
Congress shall otherwise by law provide. 

Sec. 2. And he it further oaicted, That the President of the United 
States be authorized to appoint, and by supplying vacancies happening 
from refusals to act or other causes, to keep in appointment as long 
as may l)e necessary, three commissioners, who, or any two of whom, 
shall, under the direction of the President, survey, and by proper 
metes and bounds define and limit a district of territory, under the 
hmitations above mentioned; and the district so defined, limited, and 
located shall be deemed the district accepted by this act for the per- 
manent seat of the government of the United States. 

Sec. 3. Aiid he it {further) enacted^ That the said connnissioners, or 
any two of them, shall have power to purchase or accept such quantity 
of land on the eastern side of the said river, within the said district, as 
the President shall deem proper for the use of the United States and 
according to such plans as the President shall approve, the said com- 
missioners, or any two of them, shall, prior to the first Monday in 
December, in the year one thousand eight hundred, provide suitable 



82 governmp:nt of the dii^trict of Columbia. 

buildings for tho iiccommodation of Congress and of the President 
and for the public otHces of the government of the United States. 

Sec. 4. And be If (ftcrfher) enacted^ That for defraying the expense 
of such purchases and buildings, the President of the United States be 
authorized and re(|U(\sted to accept grants of money. 

Skc. 5. And he if {futiJwr) enacted, That prior to the first Mondaj' 
in December next, all offices attached to the seat of the government of 
the United States, shall l)e removed to, and until the said first Monda}' 
in December, in the 3'ear one thousand eight hundred.^ shall remain 
at the city of Philadelphia, in the State of Pennsylvania, at which 
place the session of Congress next ensuing the present shall be held. 

Sec. 6. And he it {fvrthet) enacted^ That on the said first Monday 
in December, in the year one thousand eight hundred, the seat of tho 
Government of the United States shall, ])y virtue of this act, be trans- 
ferred to the district and place aforesaid. And all ofhces attached to 
the said seat of Government, shall accordingly be removed thereto by 
their respective holders, and shall, after the said day, cease to be exer- 
cised elsewhere; and that the necessary expense of such removal shall 
be defrayed out of the duties on imposts and tonnage, of which a suffi- 
cient sum is hereby appropriated. 

Approved, July If), I7l>0. (1 Stats., 13o.) 



Appendix 8. 

AN ACT to cede to Congress a district of 10 miles square in this State (^Maryland) 
for the seat of the Government of the United States. Approved December 2o, 
1788. 

' Be it enacted l>y the General Assemhly of Maryland^ That the rep- 
resentatives of this State in the House of Representatives of the 
Congress of the United States, appointed to assemble at New York 
on the first Wedn(>sday of March next, be, and they are hereby, 
authorized and required, on behalf of this State, to cede to the Con- 
gress of the United States an}- district in this State not exceeding 10 
miles squan*. which the Congress may fix upon and accept for the 
seat of Goverinnent of the United States, 



Appendix 4. 

AN ACT for the cession of 10 miles square or any lesser quantity of territory within 
this State (Virginia) to the Unittn:! Stat-es in Congress assembled, for the perma- 
nent seat of the General Government. A])proved, December 8, 1789. 

1. Whereas the equal and conmion Ix'iiefits resulting, from the 
administiation of the General Govermnent will l)e Ijcst diffused and 
its operations become more ])i<)nq)t and ccMtain b}- establishing such a 
situation for the seat of said Governnient as will 1)e most c(Mitral and 
convenient to the citizens of the United States at large, having regard 
as well to population, extent of territory, and free navigation to the 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 83 

Atlantic Ocean, through the Chesapeake Bay, as to the most direct 
and ready communication with our fellow citizens in the Western 
frontiers; and whereas it appears to this assembly that a situation 
combining- all the considerations and advantages before recited may 
be had on the banks of the river Potomac, above tide water, in a 
country rich and fertile in soil, healthy and salubrious in climate, and 
abounding in all the necessaries and conveniences of life, where, in a 
location of 10 miles square, if the wisdom of Congress shall so direct, 
the States of Pennsylvania, Maryland, and Virginia may participate 
in such location: 

2. Be it ilierefore enacted hy the general asseynhly^ That a tract of 
countr}', not exceeding ten miles square, or any lesser quantity, to be 
located within the limits of this State, and in any part thereof as Con- 
gress ma}' b}' law direct, shall be, and the same is, forever ceded and 
relinquished to the Congress and Government of the United States, in 
full and absolute right and exclusive jurisdiction, as well of soil as of 
persons residing or to reside thereon, pursuant to the tenor and effect 
of the eighth section of the first article of the Constitution of the 
Government of the United States. 

III. Provided^ That nothing herein contained shall be herein con- 
strued to vest in the United States any right of property in the soil, 
or to affect the rights of individuals therein, otherwise than the same 
shall or may be transferred by such individuals to the United States. 

IV. jbid provided aUo^ That the jurisdiction of the laws of this 
Commonwealth over the persons and property of individuals residing 
within the limits of the cession aforesaid shall not cease or determine 
until Congress, having accepted the said cession, shall by law provide 
for the government thereof, under their jurisdiction, in the manner 
provided by the article of the Constitution before recited. 



Appendix 5. 

AN ACT concerning the advance of money to the Government of the United States 

for }>u))hc buildings. 

Whereas the general assembh' of Maryland has acceded to a propo- 
sition of the general assembly of this Commonwealth, contained in 
their resolution of the tenth day of December, 1TS9, concerning an 
advance of money to the General Government to be applied towards 
the erection of public buildings at the permanent seat of the Govern- 
ment of the United States, should Congress deem it expedient to 
tix it on the banks of the Patowmack; and whereas Congress have 
passed an act for establishing the said seat of government on the 
Patowmack — 

'"''Be it enacted hy the general assembly (of Virginia), That 120,000 
dollars shall be advanced bv this Commonwealth to the General Gov- 



84 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

ernment, payable in throe equal yeai'ly payments, and to be applied 
toward erecting pul>lic buildings at the permanent seat of gov^ernment 
of the United States on the banks of the Patowmaek. and the auditor 
of public accounts is hereby directed to issue his warrants on the 
treasurer to the amount of 120,000 dollars, payable in the manner here- 
inbefore directed, to the order of the President of the l^^nited States." 
Passed December 27, IT'.'o. 



Appendix (5. 
[seal.] (teorge Washington, Pr<'^idevt of the United States. 

To all who shall see these presents, greeting: 

Know ye, that reposing special trust and confidence in the integrity', 
skill, and diligence of Thos. Johnson and Daniel Carroll, of Maryland, 
and David Stuart, of Virginia, I do, in ])ui'suance of the powers vested 
in me by the act entitled ""An act for establishing the temporary and 
permanent seat of the Government of the United States," approved 
Jul}^ 16, 1790, hereby appoint them, the said Thomas Johnson, Daniel 
Carroll, and David Stuart, commissioners for surveying the district of 
territor}' accepted l)y the said act for the permanent seat of the GoA'ern- 
ment of the United States, and for performing such other offices as by 
law are directed, Avith full authority for them, or any two of them, to 
proceed therein according to law, and to have and to hold the said 
office, with all the powers, privileges, and authorities to the same of 
right appertaining each of them, during the pleasure of the President 
of the United States for the time being. 

In testimony whereof I have caused these letters to be made patent 
and the seal of the United States thereto affixed. 

Given under my hand at the city of Philadelphia, the twenty-second 
day of January, in year of our Lord one thousand seven hundred and 
ninety-one and of the Independence of the United States the fifteenth. 

George Washington. 

By the President: 

Thomas Jefferson. 



Appendix 7. 

AN ACT to amend "An act for establishing the temporary and permanent seat of the 
Government of the United States." 

Be it enacted hy tlie Senate and House of liepresentatires of the 
United States of America in Congress assembled^ That so much of the 
act entitled "An act for establishing the temporary and permanent 
seat of the govermnent of the United States'' as re(iuires that the 
whole of the district of territory, not exceeding ten miles square, to be 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 85 

located on the river Potomac, for the permanent seat of the govern- 
ment of the United States, shall be located above the mouth of the 
Eastern Branch, be and is hereby repealed, and that it shall be lawful 
for the President to make any part of the territory below the said 
limit, and above the mouth of Hunting Creek, a part of the said dis- 
trict, so as to include a convenient part of the Eastern Branch, and of 
the lands h^ing on the lower side thereof, and also the town of Alex- 
andria, and the territory so to be included, shall form a part of the 
district not exceeding ten miles square, for the permanent seat of the 
Government of the United States, in like manner and to all intents and 
purposes as if the same had been within the purview of the above- 
recited act: Provided^ That nothing herein contained shall authorize 
the erection of the public buildings otherwise thaii on the Maryland 
side of the river Potomac, as required by the aforesaid act. 
Approved March 3, 1791. (1 Stats., 214.) 



Appendix 8. 

On March 28, 1791, President Washington reached Georgetown, 
and on the 29th he rode over the proposed site of the Federal city, 
in compan}" with the three Commissioners and the two surveyors, 
Andrew EUicott and Maj. Peter Charles L'Enfant. 

On the evening of the same daj^ a meeting was held for the purpose 
of effecting a friendly agreement between the proprietors of the lands 
constituting the site of the Federal city and the United States commis- 
sioners, and Washington's good counsel on that occasion had so favor- 
able an effect that the general features were settled that very evening 
for the agreement, which was signed and executed by nineteen property 
holders the next day, and thereby the rights of and titles to property 
within this District and city may be said to have been decided on that 
evening. 

This agreement, which was accepted by the Commissioners and 
recorded in their books on April 12, 1791, was as follows: 

We, the subscribers, in consideration of the great benefits we expect to derive from 
having the Federal city laid off upon our lands, do hereby agree and bind ourselves, 
heirs, executors, and administrators, to convey, in trust, to the President of the 
United States, or commissioners, or such person or persons as he shall appoint, by 
good and sufficient deeds, in fee simple, the whole of our respective lands which he 
may think proper to include within the lines of the Federal city, for the purposes and 
on the conditions following: 

The President shall have the sole power of directing the Federal city to be laid off 
in what manner he pleases. 

He may retain any number of squares he may think proper for public improve- 
ments, or other public uses; and the lots only which shall be laid off shall Ije a joint 
property between the trustees on behalf of the public and each present proprietor, 



86 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

and the same shall be fairly and ('(lually divided between the public and the indi- 
viduals, as soon as may be, the city shall l)e laid off. 

For the streets the proprietors shall receive no compensation; but for the squares 
or lands in any form, whicli shall be taken for iiublic buildings, or any kind of pub- 
lic improvements or uses, the ])roprietors whose lands shall be taken shall receive at 
the rate of 25 pounds per acre, to be paid by the public. 

The whole wood on the lands shall be the property of the proprietors, and should 
any be desired by the President to be reserved or left standing, the same shall be 
paid for by the public at a just and reasonable valuation, exclusive of the £25 per 
acre to be paid for the land on which the same shall remain. 

Each proprietor shall retain the full possession and use of his land until the same 
shall be sold and occupied by the purchase of the lots laid out thereon, and in all 
cases where the public arrangements as the streets, lots, etc., will admit of it, each 
proprietor shall possess his bui]<lings and other improvements and graveyards, pay- 
ing to the public only one-half the present estimated value of the land, on which 
the same shall be, or £12 lOsh. per acre; but in cases where the arrangements of 
the streets, lots, squares, etc., will not admit of this, and it shall become necessary to 
remove such buildings, etc., the proprietors of the same shall be paid the reasonable 
value thereof by the public. 

Nothing herein contained shall affect the lots any of the parties to this agreement 
may hold in the towns of Hamburgh or Carrolsburg. 

In witness whereof we have hereunto set our hands and seals this 80th day of 
March, in the year of our Lord 1791. 

Robert Peter. [seal.] 

David Burnes. [seal.] 

Jas. M. Lingan. [seal.] 

Uriah Forrest. [seal.] 

Benjamin Stoddert. [seal.] 

Notley Young. [seal.] 

Daniel Carroll of Duddington. [seal.] 
Overton Carr. [seal.] 

Thomas Beale of George. [seal.] 

Chas. Beatty. [seal.] 

Anthony Holmead. [seal.] 

Wm. Young. [seal.] 

Edward Pierce. [seal.] 

Abraham Young. [seal.] 

Jas. Pierce. [seal.] 

W.M. Prout. [seal.] 

Robert Peter, [seal.] 

As Attorney in Fact for Eliplids Douglass. 
Benjamin Stoddert. [seal.] 

For Jas. Warren, by written outhorit ii from W. War rev. 
Wm. King. [seal.] 

Signed and sealed in presence of Mr. Thomas Beale, making an exception of the 
land he sold A. C. Young not yet conveyed. 
Witness to all subscribers, including Wm. Young. 

Wm. Bailey. 

Wm. Robertson. 

John Luter. 

Sam. Davidson (witness to Abraham Young signing). 

Benjamin Stoddert (witness to Pierce's signing). 

Joseph E. Rowles (for Jno. "\^'arring). 

Wm. Deaking, Jr. (for Wm. Prout and Wm. King). 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 87 

Appendix 9. 

Whereas, by proclamation bearing- date the 24th day of Jan., of this 
present year, and in pursuance of certain acts of the States of Mary- 
land and Virginia and the (Congress of the United States, tlierein 
mentioned, certain lines of experiment were directed to be run in the 
neighborhood of Georgetown, in Maryland, for the purpose of locat- 
ing a part of the territory of ten miles square, for the permanent seat 
of government of the United States, and a certain part was directed to 
be located within the said lines of experiment on both sides of the 
Potomac, and above the limits of the Eastern Branch, prescribed by 
the said act of Congress; 

And Congress, by an amendatory act, passed on the 3d day of this 
present month of March, have given further authority to the President 
of the United States " to uiali'e any jpart of the said territory helow the 
said limit and above the mouth of Hunting Creek a part of said district^ 
so as to include a convenient /J«rii5 of the Eastern Branch, and of the 
lands lying on the lower side thereof^ and also the town <f Alexandria:'''' 

Now, therefore, for the purpose of amending and completing- the 
location of the whole of said territory of ten miles square, in conform- 
ity with the said amendatory act of Congress, I do hereby declare and 
make known that the whole of the said territory shall be located and 
included within the four lines following, that is to say: 

Beginning at Jones's Point, being the upper cape of Hunting Creek, 
in Virginia, and at an angle in the outset of forty-five degrees west of 
the north, and running in a direct line ten miles, for the first line; then 
beginning again at the same Jones's Point, and runniner another direct 
line, at a right angle with the first, across the Potomac ten miles, for-' 
the second line; thence from the termination of said first and second 
lines, running two other lines of ten miles each, the one crossing the 
Eastern Branch aforesaid and the other the Potomac, and meeting each 
other in a point. 

And 1 do accordingly direct the commissioners named under the 
authority of the said first-mentioned act of Congress to proceed forth- 
with to have the said four lines run, and by proper metes and bounds 
denned and limited, and thereof to make due report, under their hands 
and seals; and the territory so to be located, defined, and limited shall 
be the whole territory accepted by the said act of Congress as the dis- 
trict for the permanent seat of the Government of the United States. 

In testimony whereof I have caused the seal of the United States to be 
affixed to these presents, and signed the same with my own hand. Done 
at Georgetown aforesaid the 30th day of March, in the year of our Lord 
1791, and of the Independence of the United States the fifteenth. 

[seal.] George Washington, 

By the President: 

Thomas Jefferson. 



88 GOVERNMENT OF THE DISTRICT OF C()L[:MHIA. 

Appendix 10. 

In pursuance of the act of 16th of July,-1'790, three commissioners 
were appointed, who proceeded to locate the district of 10 miles square 
agreeably to the following proclamation of the President: 

By the President of the ITnited States of America. 

A PROCLAMATION. 

Whereas the general assembly of the State of Maryland, ])y an act 
passed on the 2od day of December, 1788, entitled, "'An act to cede to 
Congress a district of ten miles square in this State for the seat of 
Government of the United States," did enact, that the representatives 
of the said State in the House of Representatives of the Congress of 
the United States, appointed to assemble at New York on the first 
Wednesday of March then next ensuing, should be, and they were 
thereby, authorized and required, on the behalf of the said State, to 
cede to the Congress of the United States any district in the said 
State not exceeding ten miles square, which the Congress miglit fix 
upon and accept for the seat of Government of the United States. 

And the general assembly of the Commonwealth of Virginia. l)y an 
act passed on the 8d day of December, 1789, and entitled ''An act for 
the cession of ten miles square, or any lesser quantity of territor}- 
within this State, to the United States in Congress assembled, for the 
permanent seat of the General Government, ''did enact, that a tract 
of country not exceeding ten square miles, or any lesser quantit}', to be 
located within the limits of the said State, and in anj'^ part thereof, as 
Congress might by law direct, should be and the same was thereby 
forever ceded and relinquished to the Congress and Government of the 
United States, in full and absolute right, and exclusive jurisdiction, 
as well of soil as of persons residing or to reside thereon, pursuant to 
the tenor and cfl'ect of the eighth section of the first article of the 
Constitution of Government of the United States: 

And the Congress of the United States, by their act passed the 16th 
da}' of July, 1790, and entitled ''An act for establishing the tempo- 
rary and permanent seat of the Government of the United States," 
authorized the President of the United States to appoint three com- 
missioners to survc}' under his direction, and by proper metes and 
bounds to limit a district of territory not exceeding ten miles square 
on the rivei" Potomac, at some place between the mouth of the Eastern 
Branch and Conococheague, which district, so to be located and 
limited, was accepted by the said act of Congress as the district for 
the permanent seat of the Government of the United States. 



GOVERNMENT OF THE DISTEICT OF COLUMBIA. 89 

Now, therefore, in pursuance of the powers to me confided, and 
after duly examining- and weighing the advantages and disadvantages 
of the several situations within the limits aforesaid, I do hereby 
declare and make known that the location of one part of the said dis- 
trict of ten miles square shall be found by running four lines of exper- 
iment in the following manner, that is to sav: Running from the 
court-house of Alexandria, in Virginia, due southwest half a mile, and 
thence a due southeast course till it shall strike Hunting Creek, to fix 
the beginning of the said four lines of experiment. 

Then beginning the first of the said four lines of experiment at the 
point on Himting Creek, where the said southeast course shall have 
struck the same, and running the said first line due northwest ten 
miles; thence the second into Maryland, due northeast ten miles; 
thence the third line due southeast ten miles; and thence the fourth 
line due southwest ten miles, to the beginning on Hunting Creek. 

And the said four lines of experiment being so run, 1 do hereby 
declare and make known that all that part within the said four lines 
of experiment which shall be within the State of Mar3dand, and above 
the Eastern Branch, and all that part within the same four lines of 
experiment which shall be within the Commonwealth of Virginia, and 
above a line to be run from the point of land forming the lj:)per Cape 
of the mouth of the Eastern Branch due southwest, and no more, is 
now fixed upon, and directed to be surveyed, defined, limited, and 
located for a part of the said district accej^ted by the said act of Con- 
gress for the permanent seat of the Government of the United States; 
hereby expressl}^ reserving the direction of the survey and location of 
the remaining part of the said district, to be made hereafter contiguous 
to such part or parts of the present location as is or shall be agreeably 
to law. 

And I do accordingly direct the said commissioners, appointed 
agreeably to the tenor of the said act, to proceed forthwith to run 
the said lines of experiment, and, tne same being run, to survey and, 
by proper metes and Iwunds, to define and limit the part within the 
same which is hereinbefore directed for immediate location and accept- 
ance, and thereof to make due report to me under their hands and 
seals. 

In testimony whereof I have caused the seal of the United States 
to be affixed to these presents, and signed the same with my hand. 
Done at the cit}' of Philadelphia the Slth day of January, in the year 
of our Lord 1791, and of the Independence of the United States the 
fifteenth. 

George Washington. 

By the President: 

Thomas Jefferson. 



90 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Appendix 10a. 

By the President of the United States. 

A PROCLAMATION. 

Whereas by a proclamation bearing date the 24th day of January 
of this present year, and in pursuance of certain acts of the States of 
Maryland and Virginia and of the Congress of the United States 
therein mentioned, certain lines of experiment were directed to be run 
in the neighborhood of George Town, in Maryland, for the purpose 
of determining the location of a part of the territory of ten miles 
square for the permanent seat of government of the United States, 
and a certain part was directed to be located within the said lines of 
experiment on both sides of the Potomac and above the limit of the 
Eastern Branch, prescribed by the said act of Congress; 

And Congress, by an amendatory act passed on the 3:1 day of this 
present month of March, have given further authority to the Presi- 
dent of the United States "to make any part of the said territory 
below the said limit and alcove the mouth of Hunting Creek a part of 
the said district, so as to include a convenient part of the Eastern 
Branch and of the lands lying on the lower side thereof, and also the 
town of Alexandria;" 

Now, therefore, for the purpose of amending and compU^ting the 
location of the whole of the said territor}' of ten miles square, in 
conformity with the said amendatory act of Congress, I do herebj^ 
declare and make known that the whole of the said territory shall be 
located and included within the four lines following, that is to say: 

Beginning at Jones' Point, being the upper cape of Hunting Creek, 
in Virginia, and at an angle in the outset of -ib degrees west of the 
north, and running in a direct line ten miles for the first line; then 
beginning again at the same Jones' Point, and running another direct 
line at a right angle with the first across the Potomac ten miles for the 
second line; then from the terminations of the said first and second 
lines running two other direct lines of ten miles each, the one across 
the Eastern Branch aforesaid and the other the Potomac, and meeting 
each other in a point. 

And 1 do accordingly direct the commissioners, named under the 
authority of the said first mentioned act of Congress, to proceed forth- 
with to have the said four lines run, and by proper metes and bounds 
defined and limited, and thereof to make due report under their hands 
and seals; and the territory so to be located, defined, and li:iiited shall 
be the whole territory accepted by the said act of Congress as the 
district for the permanent seat of the Government of the United 
States. 



GOVERNMENT OF THE DISTRICT OF COiLUMBIA. 91 

In testimony whereof I have c-aused the seal of the United States 
to be affixed to these presents, and signed the same with my hand. 
Done at Georg-e-Town aforesaid, the 30th day of March, in the year 
of our Lord 1791, and of the Independence of the United States the 
fifteenth. 

George Washington. 
By the President: 

Thomas Jefferson. 



Appendix 11. 

On or about the 29th of June, 1791, nineteen original proprietors of 
the greater parts of the lands which now constitute the city of Wash- 
ington conveyed them in trust, by deeds in the following form, viz: 

{Copy of the deed in trust from an original proprietor of tlie ground on which the city of Washington 
is located to the trustees appointed by authority of the United States to receive the same.] 

This indenture, made this 29th day of June, in the year of our Lord 
one thousand seven hundred and ninety-one, between (here is inserted 
the name of the grantor), of the State of Maryland, of the one part, 
and Thomas Beall, of George, and John M. Gantt, of the State of 

Mar3dand, of the other part, witnesseth: That the said 

(the grantor), for and in consideration of the sum of tive.shillings, to him 
in hand paid by the same Thomas Beall, of George, and John M. Gantt, 
before the sealing and deliver}- of these presents, the receipt whereof 
he doth hereby acknowledge, and thereof doth acquit the said Thomas 
Beall. of George, and John M. Gantt, their executors and adminis- 
trators: and also, for and in consideration of the uses and trust here- 
inafter mentioned, to be performed by the said Thomas Beall, of 
George, and John M. Gantt, and the survivor of them, and the heirs 
of such survivor, according to the true intent and meaning thereof, 
hath granted, bargained, sold, aliened, released, and confirmed, and by 
these presents doth grant, bargain, sell, alien, release, and confirm unto 
the said Thomas Beall, of George, and -Tohn M. Gantt, and the survivor 
of them, and the heirs of such survivor, all the lands of him, the said 
(grantor) lying and being within the following limits, boundaries, and 
lines, to wit: Beginning on the east side of Rock (^reek, at a stone stand- 
ing in the middle of the main road leading from (leorgetown to Bladens- 
burg; thence along the middle of the said road to a stone standing on the 
east side of the Reedy Branch of Goose Creek; thence southeasterly, 
making an angle of 61 degrees and twenty minutes with the meridian, to 
a stone standing in the road leading from Bladensburg to the Eastern 
Branch ferrj-; thence south, to a stone eightv poles north of the east 
and west line already drawn from the mouth of Goose Creek, to the 
Eastern Branch; then east, parallel to the said east-and-west line, to the 



y2 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Eastern Branch; thenco ))v and with the waters of the Eastern Branch, 
Potomac River, and Rock Creek to the beginnino;, witli their appur- 
tenances, except all and every lot and lots of which the said 

(the oruntor) is seized or to which ho is entitled in C'arrolls- 

burg or Ilaniburu-; to have and to hold the herel)y bargained and 
sold lands with their appurtenances to the said Thomas Beall of 
George and John M. (iantt, and the survivor of them, and the heirs 
of such survix or forever: To and for the special trust following, and 
no other; that is to say: That all the said lands hereby bargained and 
sold, or such part thereof as may be thought necessary or proper to 
be laid out, together with other lands within the said limits, for a 
Federal city, with such streets, squares, parcels, and lots as the 
President of the United States for the time l)eing shall approve; 
and that the said Thomas Beall of George and John M. Gantt, or the 
survivor of them, or the heirs of such survivor shall convey to the 
Commissioners for the time being, appointed by virtue of the act of 
Congress entitled ""An act for establishing the temporary and perma- 
ment seat of the Government of the United States," and their suc- 
cessors, for the use of the United States forever, all the said streets 
and such of the said squares, parcels, and lots as the President shall 
deem proper, for the use of the United States; and that as to the residue 
of the said lots, into which the said lands hereby bargained and sold 
shall have been laid off tuid divided, that a fair and equal division of 
them shall be made. And if no other mode of division shall be agreed 
on by consent of the said (the grantor) and the Commis- 
sioners for the time being, then such residue of the said lots shall be 

divided, every other lot alternate to the said (the 

grantor), and it shall, in that event, be determined by lot, whether 

the said (the grantor) shall begin with the lot of the 

lowest number laid out on the said lands or the following number. 
And all the said lots which may in any manner l)e divided or 

assigned to the said (the grantor) shall, thereupon, 

together with any part of the bargained and sold lands, if any. which 
shall not have been laid out in the said city, Im^ conveyed b}^ the said 
Thomas Beall of George and John M. Gantt, or the survivor of them, 

or the heirs of such survivor, to him, the said (the 

grantor), his heirs and assigns. And that the said other lots shall and 
may be sold at such time or times, in such manner, and on such terms 
and conditions as the President of the United States for the tune being 
shall direct; and that the said Thomas Beall of George and John M. 
Gantt, or the survivor of th(»m, or the heirs of such survivor, will, jou 
the order and direction of the President, convey all the said lots so 
sold and ordered to be con^'eyed to the respective purchasers in fee 
simple, according to the termsand conditions of such purchases; and the 
produce of the sales of the said lots when sold as aforesaid sliall in the 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 93 
first place be applied to the payment in money to the said 



(the grantor), his executors, administrators, or assigns, for all the part 
of the land hereby bargained and sold which shall have been laid off 
into lots, squares, or parcels, and appropriated as aforesaid to the use 
of the United States, at the rate of twenty -live pounds per acre, not 
accounting the said streets as part thereof. 

And the said twenty-five pounds per acre, being so paid, or in any 
other manner satisfied, that then the produce of the same sale, or 
what thereof may remain as aforesaid, in money or securities of any 
kind, shall be paid, assigned, transferred, and delivered over to the 
President of the United States, for the time being, as a grant of 
money, and to be applied for the purposes and according to the act of 

Congress aforesaid. But the said conveyance to the said 

(the grantor), his heirs or assigns, as well as the conveyance to the 
purchasers, shall be on, and subject to such terms and conditions as 
shall be thought reasonable, by the President, for the time being, for 
regulating the materials and manner of the buildings and improve- 
ments on the lots, generally, in the said city, or in particular streets,, 
or parts thereof, for common convenience, safety, and order: Provided., 
Such terms and conditions be declared before the sales of any of the 
said lots, under the direction of the President. And in trust further, 

and on the agreement that the said — (the grantor), his 

heirs or assigns, shall and may continue his possession and occupation 
of the said lands hereby bargained and sold, at his and their will and 
pleasure, until thej^ shall be occupied under the said appropriations 
for the use of the United States as aforesaid, or by purchasers; and 
when any lots or parcels shall be occupied under purchase or appro- 
priations as aforesaid, then, and not until then, shall the said 

— — — (the grantor) relinquish his occupation thereof. And in trust 



also, as to the trees, timber, and wood, on the premises, that he the 

said (the grantor) his heirs or assigns, may freely cut 

down, take, and carry away, and use the same as his and their prop- 
erty, except such of the trees and wood growing as the President or 
commissioners aforesaid may judge proper, and give notice, shall be 
left for ornaments, for which the just and reasonable value shall be 
paid to the said (the grantor), his executors, adminis- 
trators, or assigns, exclusive of the twenty-five pounds per acre for 
the land. 

And in case the arrangements of the streets, lots, and the like will 

conveniently admit of it, he the said (the grantor), his 

heirs or assigns, if he so desire it, shall possess and retain his buildings 
and grave3'ard, if any, on the hereby bargained and sold land, paying 
to the President at the rate of twelve pounds ten shillings per acre 
for the lands so retained, because of such buildings and graveyards, 
to be applied as aforesaid, and the same shall thereupon be conveyed 



94 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

to the said (tho grantor), his iieirs or assigns, with his 

lots. But if the arrangenicMits of the streets, lots, and the like will 
not conveniently admit of such retention, and it shall become neces- 

sar3^to remove such l)uildings, then the said — — (the grantor), 

his executors, administrators, or assigns, shall be paid the reasonable 
value thereof in the same manner as squares or other ground appro- 
priated for the use of the United States are to l)e paid for. And be- 
cause it may so happen that by deaths or removals of the said Thomas 
Beall, of George, and John M. Gantt, and from other causes, difficul- 
ties may occur in fully perfecting the said trusts, by executing all tlie 
said conve3^ances, if no eventual provision is made, it is therefore 
agreed and covenanted between all the said parties, that the said Thomas 
Beall, of George, and John M. (Jantt, or either of them, or the heirs 
of any of them, lawfully' ma}-, and that they, at any time, at the request 
of the President of the United States for the time being, will convey 
all or any of the said lands herel)v bargained and sold, which shall not 
then have been conveyed in execution of the trusts aforesaid, to such 
person or persons as he shall appoint, in fee simple, subject to the 
trusts then remaining to be executed, and to the end that some may 
be perfected. 

And it is further granted and agreed between all the said parties, 
and each of the said parties doth for himself, respectively, and his 
heirs, covenant and grant to and with the others of them, that he and 
they shall and will, if required by the President of the United States 
for the time being, join in and execute an}" further deed or deeds for 
carrying into effect the trusts, purposes, and true intent of this present 
deed. In witness whereof the parties to these presents have hereunto 
set their hands and affixed their seals the day and year first above 
written. 

Signed by the grantor. 

. [seal.] 

Signed, sealed, and delivered in the presence of — 



All the residue of the lands lying within the bounds of the city 
were, b}' an act of the legislature of Maryland, passed on or about the 
19th of December, 1791, vested in the same trustees, and subjected to 
the same trusts. 



Appendix 12. 

Geok(;etown, September 5, 1791. 
Siii: AVe have agreed that the Federal District shall be called "The 
Territory of Columbia,'' and the Federal City the ''city of Washing- 
ton." The title of the map will, therefore, be, "A Map of the City of 
Washincfton in the Territory of Columbia." 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 95 

We have also aj^reed that the streets be named alphabetically one 
way and numerically the other, the former to be divided into north 
and south, and the latter into east and west numbers from the Capitol. 
Major EUicott, with proper assistance, will immediately take, and 
soon furnish you with, the soundings of the Eastern Brt*nch, to be 
inserted in the map. We expect he will also furnish you with the 
proposed post road, which we wish to be noticed in the map. 
We are, respectfully, yours, 

Thomas Johnson. 
David Stuart. 
Daniel Carroll. 
To Major L'Enfant. 



Appendix 13. 

ACT of MARYLAND RATIFYING THE CESSION. 

AN ACT Concerning the Territory of Columbia and the city of Washington. 

[Passed December 19, 1791.] 

Whereas the President of the United States, by virtue of several 
acts of Congress, and acts of the assemblies of Maryland and Virginia, 
by his proclamation, dated at Georgetown on the thirtieth day of 
March, seventeen hundred and ninety -one, did declare and make known 
that the. whole of the territory of ten miles square, for the permanent 
seat of government of the United States, shall be located and included 
within the four lines following, that is to say: Beginning at Jones 
Point, being the upper point of Hunting Creek, in V^irginia, and at an 
angle at the outset forty-five degrees west of nortli, and running a 
direct line ten miles for the first line; then beginning again at the 
same Jones Point and running another direct line at a right angle with 
the first across the Potomac ten miles for the second line; then from 
the terminations of the said first and second lines running two other 
direct lines ten miles each, the one across the Eastern Branch and the 
other Potomac, and meeting each other in a point, which has since 
been called the Territory of Columbia; and. 

Whereas Notley Young, Daniel Carroll, of Duddington, and many 
others, proprietors of the greater part of the land hereinafter men- 
tioned to have been laid out in a city, came into an agreement, and have 
conveyed their lands in trust to Thomas Beall, son of George, and John 
Mackall Gantt, whereb}' they have subjected their lands to be laid out 
as a city, given up part to the United States, and subjected other parts 
to be sold to raise money as a donation to be employed according- to 
the act of Congress for establishing the temporary and permanent 
seat of tne Government of the United States, under and upon the 
terms and conditions contained in each of the said deeds; and many of 
74986—09 7 



96 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

the proprietors of lots in Carrollsburg and Hamburg have also come 
into an agreement, .subjecting their lots to be laid out anew, giving up 
one-half of the quantity thereof to be sold, and the money thence aris- 
ing to be applied as a donation as aforesaid, and they to be reinstated 
in one-half of the (]uantity of their lots in the new location, or other- 
wise compensated in land in a ditierent situation w^ithin the city, by 
agreement between the Commissioners and them, and in case of disa- 
greement, that then a just and full compensation shall be made in 
money; yet some of the proprietors in Carrollsburg and Hamburg, as 
well as some of the proprietors of other lands, have not, from imbecil- 
it}^ and other causes, come into any agreement concerning their lands 
within the limits hereinafter mentioned, but a ver}' great number of 
the landholders having agreed on the same terms, the President of the 
United States directed a city to be laid out comprehending all th(5 lands 
beginning on the east side of Rock Creek, at a stone standing in the 
middle of the road leading from Georgetown to Bladensburgh; thence 
along the middle of the said road to a stone standing on the east side 
of the Keedy Branch of Goose Creek; thence southeasterly, making 
an angle of sixty-one degrees and twenty minutes with the meridian, to a 
stone standing in the road leading from Bladensburgh to the Eastern 
Branch ferry; then south to a stone ninety poles north of the east and 
west line already drawn from the mouth of Goose Creek to the Eastern 
Branch; then east, parallel to the said east and west line, to the Eastern 
Branch; then with the waters of the Eastern Branch, Potomac River, 
and Rock Creek to the beginning, which has since been called the City 
of Washington; and 

Whereas it appears to this general assembl}' highl}- just and expe- 
dient that all the lands within the said city should contribute, in due 
proportion, in the means which have already greatly enhanced the 
value of the whole; that an incontrovertible title ought to be made to 
the purchasers, under public sanction; that allowing foreigners to hold 
land within the said territory will great!}- contribute to the improve- 
ment and population thereof; and that many temporary provisions 
will be necessary till Congress exercise the jurisdiction and govern- 
ment over the said territor}'; and 

Whereas in the cession of this State, heretofore made, of territory 
for the Government of the United States, the lines of such cession 
could not be particularly designated; and it being expedient and proper 
that the same should be recognized in the acts of this State — 

2. Be it enacted hy the General Assemhly of Maryland., That all that 
part of the said territory called Columbia which lies within the limits 
of this State shall be, and the same is hercb}', acknowledged to be for- 
ever ceded and relinquished to the Congress and Government of the 
United States, and full and absolute right and exclusive jurisdiction, 
as well of soil as of persons residing or to reside thereon, pursuant to 



GOVEKNMENT OF THE Di8TKiCT OV COLUMBIA. 97 

the tenor and effect of the eighth section of the first article of the Con- 
stitution of Government of the United States: Provided, That nothing 
herein contained shall be so construed to vest in the United States any 
right of property in the soil as to affect the rights of individuals 
therein, otherwise than the same shall or may be transferred by such 
individuals to the United States: A?id provided also. That the juris- 
diction of the laws of this State over the persons and property of indi- 
viduals residing within the limits of the cession aforesaid shall not 
cease or determine until Congress shall, by law, provide for the gov- 
ernment thereof, under their jurisdiction, in manner provided by the 
article of the Constitution before recited. 

3. Andle it enacted, That all the lands belonging to minors, persons 
absent out of the State, married women, or persons non compos men- 
tis, or the lands the property of this State, within the limits of Car- 
rollsburg and Hamburg, shall be and are hereb}^ subjected to the terms 
and conditions hereinbefore recited, as to the lots where the proprie- 
tors thereof have agreed concerning the same; and all the other lands, 
belonging as aforesaid, within the limits of the said city of Washing- 
ton, shall be, and are hereby, subjected to the same terms and condi- 
tions as the said Notley Young, Daniel Carroll, of Duddington, and 
others, have, by their said agreements and deeds, subjected their lands 
to, and where no conveyances have been made, the legal estate and 
trust are hereby invested in the said Thomas Beall, son of George, 
and John Mackall Gantt, in the same manner as if each proprietor had 
been competent to make, and had made a legal conveyance of his or 
her land, according to the form of those already mentioned, with proper 
acknowledgments of the execution thereof, and where necessar}^, of 
release of dower, and in every case where the proprietor is an infant, 
a married woman, insane, absent out of the State, or shall not attend 
on three months' advertisement of notice in the Maryland Journal 
and Baltimore Advertiser, the Maryland Herald, and in the George- 
town and Alexandria papers, so that allotment can not take place by 
agreement, the commissioners, aforesaid, or any two of them, ma}" allot 
or assign the portion or share of such proprietor as near the old situ- 
ation as may be, in Carrollsburg and Hamburg, and to the full value 
of what the party might claim under the terms before recited; and 
as to the other lands within the said city, the commissioners aforesaid, 
or any two of them, shall make such allotment and assignment, within 
the lands belonging to the same person, in alternate lots, determined 
by lot or ballot, whether the party shall begin with the lowest number: 
Provided, That in the cases of coverture and infanc}^ if the husband, 
guardian, or next friend will agree with the commissioners, or any 
two of them, then an effectual division may be made by consent; and 
in case of contrary clahus, if the claimants will not jointly agree, the 
commissioners ma}^ proceed as if the proprietor was absent; and all 



98 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

persons to whom allotments and assignments of lands shall be made by 
the commissioners, or any two of them, on consent and agreement, or 
pursuant to this act without consent, sliall hold the .same in their 
former estate and interest, and in lieu of their former (juantity, and 
subject in every respect to all such limitations, conditions, and incum- 
brances as their former estate and interest, and in lieu of their former 
quantity, and subject in every respect to all such limitations, condi- 
tions, incumbrances as their former estates and interests were subject 
to, and as if the same had been actually rcconveyed pursuant to the 
said deed in trust. 

4. And he it enacted, That where the proprietor or proprietors, pos- 
sessor or possessors, of any lands within the limits of the city of 
Washington, or within the limits of Carrollsburg or Hamburg, who 
have not already, or who shall not, within three months of this act, 
execute deeds in trust to the aforesaid Thomas Beall and John M. 
Gantt, of all their land within the limits of the said city of Washing- 
ton, and on the terms and conditions mentioned in the deeds already 
executed by Notlay Young and others, and execute deeds in trust to 
the said Thomas Beall and John M. Gantt of all their lots in the 
towns of Carrollsburg and Hamburg on the same terms and condi- 
tions contained in the deeds already executed bv the greater part of 
the proprietors of lots in the said towns, the said commissioners, or 
anj^ two of them, shall and may, at any time or times thereafter, issue 
a process, directed to the sheriff of Prince Georges County, com- 
manding him, in the name of the State, to summon five good substan- 
tial freeholders, who are not of kin to any proprietor or proprietors 
of the lands aforesaid, and who are not proprietors themselves, to 
meet on a certain day, and at a certain place within the limits of 
the said city, to inquire of the value of the estate of such propi'ietor 
or proprietors, possessor or possessors, on which day and place 
the said sheriff shall attend, with the freeholders by him summoned, 
which freeholders shall take the following oath, or afiirmation, on the 
land to be by them valued, to wit: "I, A. B., do solemnly swear (or 
affirm) that 1 will, to the best of my judgment, value the lands of C. D. 
now to be valued so as to do equal right and justice to the said C. D. 
and to the public, taking into consideration all circumstances," and 
shall then proceed to value the said lands; and such valuation, under 
their hands and seals and under the hand and seal of the said sheriff, 
shall be annexed to the said process and returned b}' the sheriff to the 
clerk appointed by virtue of this act, who shall make record of the 
same, and the said lands shall, on the payment of such valuation, be 
and is hereb}' vested in the said commissioners in trust, to be disposed 
of by them or otherwise employed to the use of the said city of 
Washington ; and the sheriff aforesaid and freeholders aforesaid shall 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 99 

be allowed the same fees for their trouble as are allowed to a sheriff 
and jur3'^man in executing a writ of inquiry; and in all cases where 
the proprietor or possessor is tenant in right of dower or by the 
courtes}^ the freeholders aforesaid shall ascertain the annual value of 
the lands and the gross value of such estate therein, and upon pay- 
ing such gross value or securing to the possessor the payment of the 
annual valuation, at the option of the proprietor or possessor, the 
commissioners shall be and are hereby vested with the whole estate of 
such tenant, in manner and for the uses and purposes aforesaid. 

5. And he it enacted^ That all the squares, lots, and parcels of land 
within the said city which have been or shall be appropriated for the 
use of the United States, and all the lots and parcels which have been 
or shall be sold to raise money as a donation as aforesaid shall remain 
and be to the purchasers, according to the terms and conditions of 
their respective purchase; and purchases and leases from private per- 
sons claiming to be proprietors, and having, or those under whom they 
claim having, been in the possession of the lands purchased or leased, 
in their own right, five whole 3^ears next before the passing of this 
act, shall be good and effectual for the estate, and on the terms and 
conditions of such purchases and leases, respectively, without impeach- 
ment, and against any contrary title now existing; but if any person 
hath made a conveyance, or shall make a conveyance or lease, of any 
lands within the said cit}^ not having i-ight and title to do so, the per- 
son who might be entitled to recover the land under a contrary title 
now existing may, either by way of ejectment against the tenant or 
in an action for money had and received for his use against the bar- 
gainer or lessor, his heirs, executors, administrators, or devisees, as 
the case may require, recover all money received by him for the 
squares, pieces, or parcels appropriated for the use of the United 
States, as well as for lots or parcels sold and rents received by the 
person not having title as aforesaid, with interest from the time of 
receipt; and, on such recovery in ejectment, where the land is in lease, 
the tenant shall thereafter hold under, and pay the rent reserved to, 
the person making title to and recovering the land; but the possession 
bona fide acquired in none of the said cases shall be changed. 

6. And he it enacted^ That any foreigner may, by deed or will here- 
after to be made, take and hold lands within that part of the said terri- 
tory which lies within this State in the same manner as if he were a 
citizen of this State; and the same lands may be conveyed by him, and 
transmitted to, and inherited by his heirs or relations, as if he and 
they were citizens of this State; provided that no foreigner shall, in 
virtue hereof, be entitled to any further or other privilege of a citizen. 

7. And he it enacted^ That the said commissioners, or any two of 



100 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

llu'iii, may appoint a clerk for recording deeds of land within the said 
territor3', who shall provide a proper book for the purpose, and therein 
record, in a sti-ong-. legible hand, all deeds duly acknowUHlged, of lands 
in the said territory, delivered to him to be recorded, and in the same 
book make due entries of all divisions and allotments of lands and lots 
made by the commissioners in pursuance of this act, and certiiicates 
granted by them of sales, and the purchase money having been paid, 
with a proper alphabet in the same book of the deeds and entries 
aforesaid; and the same book shall carefully preserve and deliver over 
to the comniissioners aforesaid, or their successors, or such person or 
persons as Congress shall hereafter appoint, which clerk shall continue 
such during good behaviour, and shall be removable only on a convic- 
tion of misbehaviour in a court of law; but before he acts as such he 
shall take an oath or affirmation well and truly to execute his office, 
and he shall be entitled to the same fees as are or may be allowed to 
the clerks of the county courts for searches, copying, and recording. 

8. And he it enacted^ That acknowledgments of deeds made before a 
person in the manner and certitied as the laws of this State direct, 
or made before, and certitied by, either of the commissioners shall be 
effectual; and that no deed hereafter to be made, of or for lands 
within that part of the said territory which lies within tTiis State, shall 
operate as a legal conveyance, nor shall anj^ lease for more than seven 
years be effectual, unless the deed shall have been acknowledged as 
aforesaid, and delivered to the said clerk to be recorded within six 
calendar months from the date thereof. 

9. And he It enacted^ That the commissioners aforesaid, or some two 
of them, shall direct an entry to be made in the said record book of 
every allotment and assignment to the respective proprietors in pur- 
suance of this act. 

10. And for the encouragement of master builders to undertake the 
building and linishing houses within the said city by securing to them 
a just and effectual remedy for their advances and earnings. Be It 
enacted^ That for all sums due and owing on written contracts for the 
building any house in the said city, or the brickwork or carpenters' or 
joiners' work thereon, th(^ undertaker oi- workmen employed by the 
person for whose use the house shall be built shall have a lien on the 
house and the ground on which the same is erected, as well as for 
the materials found by him: Provided, The said written contract shall 
have been acknowledged before one of the commissioners, a justice of 
the peace, or an alderman of the corporation of Georgetown and 
recorded in the office of the clerk for recording deeds, herein created, 
within six calendar months from the time of acknowledgment as afore- 
said, and if within two j'^ears after the last of the work is done he pro- 
ceeds in equity he shall have as upon a mortgage, or if he proceeds at 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 101 

law within the same time he may have execution against the house and 
land, in whose hands soever the same may be; but this remedy shall 
be considered as additional only, nor shall, as to the land, take place 
of any legal incumbrance made prior to the commencement of such 
claim. 

11. And he it enacted^ That the treasurer of the western shore be 
empowered and required to pa}'^ the seventy-two thousand dollars 
agreed to be advanced to the President by resolutions of the last ses- 
sions of assembler, in sums as the same may come to his hands on the 
appointed funds, without waiting for the day appointed for the pay- 
ment thereof. 

12. And he it enacted, That the Commissioners aforesaid for the time 
being, or any two of them, shall from time to time, until Congress 
shall exercise the jurisdiction and government within the said Terri- 
tory, have power to license the building of wharves in the waters of 
the Potomac and the Eastern Branch, adjoining the said city, of the 
materials, in the manner and of the extent they may judge durable, 
convenient, and agreeing with the general order; but no license shall 
be granted to one to build a wharf before the land of another, nor 
shall any wharf be built in the waters without license as aforesaid; 
and if any wharf shall be built without such license, or different there- 
from, the same is hereby declared a common nuisance. They may 
also, from time to time, make regulations for the discharge and laying 
of ballast from ships or vessels lying in the Potomac River above the 
lower line of the said Territor}^ and Georgetown, and from ships and 
vessels laying in the Eastern Branch. They may also, from time to 
time, make regulations for landing and laying materials for building 
the said city, for disposing and laying earth which may be dug out of 
the wells, cellars, and foundations and for ascertaining the thickness 
of the walls of houses, and to enforce the observance of all such regu- 
lations by appointing penalties for the breach of any one of them not 
exceeding ten pounds current mone}', which ma}^ be recovered in the 
name of the said Commissioners, by warrant, before a justice of the 
peace, as in case of small debts, and disposed of as a donation for 
the purpose of the said act of Congress. And the said Commissioners, 
or any two of them, may grant licenses for retailing distilled spirits 
within the limits of the said city, and suspend or declare the same 
void. And if any person shall retail or sell any distilled spirits, mixed 
or unmixed, in less than ten gallons to the same person, or at the same 
time actually delivered, he or she shall forfeit for every such sale three 
pounds, to be recovered and applied as aforesaid. 

13. And he it enacted. That an act of assembly of this State to con- 
demn lands, if necessary, for the public buildings of the United States 
be, and is hereby, repealed. 



102 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Appendix 14. 

AN ACT Appointing the time and directing the place of the next meeting of Congress. 

Be it enacted hy the Senate and House of Representatives of the 
United States of Avierica in Congress assevibled^ That the session of 
Congress next ensuing the present shall be held at the city of Wash- 
ington, in the District of Columbia, and said session shall commence 
on the third Monday of November, one thousand eight hundred. 

Approved, May 13, 1800. (2 Stats., 85.) 



Appendix 15. 
jurisdiction of the united states. 

In the case of United States r. John Hammond (Cranch's Circuit 
Reports, vol. 1, pp. 15-21) the court held "that before the right of 
exclusive jurisdiction absolutely vested in the United States, it was 
necessary, by the act of cession (of Virginia), and by the eighth 
section of the first article of the Constitution of the United States, that 
three events only should happen: First, that the cession should be 
accepted by Congress; second, that it should be located and defined; 
and third, that the district so accepted, located, and defined should 
become the seat of government of the United States. 

"All these events had happened on the first Monday of December, 
1800, being the da}'^ appointed by law for the removal of the seat of 
government. On that day, therefore, all the preliminar}' events hav- 
ing happened, the District of Columbia became vested in the Congress 
and Government of the United States, according to the impressive 
words of the act of cession 'in fidl and absolute right and exclusive 
jurisdiction as well of soil as of persons residing or to reside thereon.'" 



Appendix 16. 

[House Report No. 32.'i, Twenty-niiith Congress, first session.] ' 

RETROCESSION OF ALEXANDRIA TO VIRGINIA. 

[To iiccompany H. R. No. 259.] 

On February 25, 1846, Mr. Hunter, from the Committee for the 
District of Columbia, made the following report: 

The committee to whom was referred the petition of many citizens 
of the town and county of Alexandria for the retrocession of the por- 
tion of the District of Columbia south of the Potomac have considered 
the same, and report: 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 103 

That they have come to the conclusion that there is much in the 
petition to commend itself to the favor of Congress. 

The portion of the District of Columbia south of the Potomac con- 
stitutes about one-third of its area, and up to this time has not been 
used for the public buildings or grounds necessary for the seat of 
government. 

The experience of more than forty years seems to have demonstrated 
that the cession of the county and town of Alexandria was unnecessary 
for any of the purposes of a seat of government, mischievous to the 
interest of the District at large, and especially injurious to the people 
of that portion which was ceded by Virginia. One of the great objects 
in removing the seat of government to a district under the exclusive 
legislation of Congress was to secure the persons and deliberations of 
the members of the General Government from open violence or lawless 
intrusions. 

Your committee can see no reason why this object may not be as 
well secured by confining the District to two-thirds of its present 
extent as by embracing the whole within its area, AVithin the por- 
tion of the District on the north side of the Potomac River there is 
much more than space enough for all the public grounds and buildings 
ever likely to he necessary for the seat of government. Beyond this 
quantity every addition of territory to be embraced within the exclu- 
sive legislation of Congress is not only unnecessary but makes a use- 
less diversion of its time and attention from the great objects of 
general legislation to the discharge of the duties of a petty local legis- 
lation, for which it is unfitted. In the District itself this union of the 
counties of Washington and Alexandria has been the source of much 
mischief. 

At the time of the cession of this District, the counties of Washing- 
ton and Alexandria were left under the operation of the laws of the 
States of Maryland and Virginia, respectively, except so far as they 
might be altered by the subsequent legislation of Congress. Within 
the limits of the ten miles square we have thus had two people sepa- 
rated by a broad river, and under the operation of difi'erent codes of 
laws. It has been so difficult to harmonize the legislation of Congress 
with these two difi'erent codes, and that body has had so little time to 
bestow on this work, that but little has been done toward amending 
their codes, or toward placing the District under one general system 
of laws. The difficulty of harmonizing its legislation with both codes 
has hitherto prevented Congress from making many most necessary 
alterations in either. It is not to be conceded that these and other cir- 
cumstances have always produced a degree of sectional feeling, even 
in this small District, which would scarcely have been expected by 
those who had not examined into the causes of their dissensions. It 
would be possible, perhaps, with much more time and labor than Con- 
gress will ever have to bestow on this subject to substitute a general 



104 GOVERNMENT OK THE DISTRICT OF COLUMBIA. 

code for the different systems of law, but the difficulties in the wa}^ of 
this work would be far (greater than would attend the amendment of 
either one of the s^'stems considered separately. Nor is it likely that 
Congress will ever have the time to bestow on work of so unich labor. 

But if this were accomplished, there is a still more pei-manent cause 
of jealousy subsisting between the two parties of the District of 
Columbia. 

All the disbursements g-rowing out of the location of the seat of 
government arc made within the county of Washington, and of neces- 
sity must continue to be so made. 

This has been and will continue to be a source of jealousy and divi- 
sion between the counties of the District. Had the District submitted 
to the exclusive legislation of Congress, been confined to either county, 
it is probable that Congress would have been able to have discharged 
to a far greater extent the duties of a local legislature, and with a far 
less expenditure of time and 'money than has been wasted on the hith- 
erto vain attempt to attain that object. The present condition of the 
laws in the District of Columbia is such as should excite a strong sym- 
pathy for its people, and would reflect some discredit on our legisla- 
tion if it were not obvious that the difference in the systems and the 
local jealousies of the two counties have interposed difficulties which 
it required more time to surmount than Congress have ever had to 
bestow upon the subject. The people of the county and town of Alex- 
andria have been subjected not only to their full share of those evils 
which affect the District generally, but they have enjoyed none of 
these benefits which serve to mitigate their disadvantages in the count}' 
of Washington. The advantages which flow from tlie location of the 
seat of government are almost entirely confined to the latter count}', 
whose people, as fai* as 3'our committee are advised, are entirelj' con- 
tent to remain under the exclusive legislation of Congress. 

But the people of the county and town of Alexandria, who enjoy 
few of those advantages, are, as your committee believe, justly impa- 
tient of a state of things which subjects them not onh^ to all the evils 
of inefficient legislation, but also to political disfranchisement. To 
enlarge on the immense value of the elective franchise would be 
unnecessary before an American Congress or in the present state of 
public opinion. The condition of thousands of our fellow-citizens 
who, without an\^ e(|uivalent, if equivalent there could be, are thus 
denied a vote in the local or general legislation b}' which they are 
governed, who to a great extent are under the operation of old English 
and Virginia statutes long since repealed in the counties where tliey 
originated, and wliose sons are cut off' from many of the most highly 
valued privileges of life, except upon the condition of leaving the soil 
of their Inrth, is such as must deeply move the sympathies of those 
who enjoy those rights themselves and regard them as inestimable. 
Your committee believe that it would be difficult to measure the full 



GOVERNMENT OF THE DISTRICT OB' COLUMBIA. 105 

extent of the depressing effect which these circumstances have had 
upon the growth and prosperity of the people of the town and county 
of Alexandria. When we compare their present condition with that 
which their natural advantages would seem to have promised, we are 
constrained to believe that there is something in their political state 
which must have marred the beneficent design of nature. 

Upon a full view of all these considerations, your committee are of 
opinion that the interest of the General Government, of the whole 
District of Columbia, and particularly of the people of the county 
and town of Alexandria, would be promoted by a retrocession of that 
county to the State of Virginia, whose general assembly have signified 
their assent to the act by a law passed with the unanimous vote of 
both houses. 

It has been alleged, it is true, that Congress has no power to pass 
such an act — upon the grounds which your committee have examined, 
and believe to be entirely insufficient. This objection rests mainly 
upon the assumption that the power in relation to the location of the 
seat of government, and the extent of the district given in the seven- 
teenth clause of the eighth section and first article of the Constitution, 
has been executed and exhausted — a construction not warranted, as we 
believe, by the history or context of the clause in question, nor bv the 
general spirit of the instrument in which it is contained. There is no 
more reason to believe that the power in this case, when once exer- 
cised and executed, is exhausted than in any other of the long list of 
enumerated powers to which it belongs, and which it is provided that 
Congress ''shall have." 

The phraseology of the grant is the same, and as nuich reason seems 
to exist for the continuance of the right to exercise tliis power as in 
most of those contained in the list to which we have referred. If this 
construction be true, when Congress had once fixed the seat of gov- 
ernment it could no more be removed, although it should prove to be 
unsafe from foreign invasion or so unhealthy as to endanger the lives 
of the members of the Government, or so located as to be inconsist- 
ent with a due regard to the facilities of access to our whole popula- 
tion or to their convenience; and yet it is manifest that some of these 
considerations might make the removal of the seat of government a 
matter of necessity. To have excluded the conclusion that the f ramers 
of the Constitution had regarded considerations so manifest and rea- 
sonable, there must have been terms so precise and accurate as to have 
left no doubt of their intention to make the act irrevocable when the 
power was once exercised. As some proof that the f ramers of the 
Constitution did not overlook these considerations, we may advert to 
the fact that Mr. Madison moved to strike out the word "permanent" 
from the act establishing the scat of government 1)ecausc the Consti- 
tution did not contain it. Nor is this the only ditficulty involved by 
this construction; the same section gives a like power relative to forts 



106 govp:rnment of the district of Columbia. 

and arsenals. And, contrary to reason and the iisaoe of Congress,, 
this power when once exercised would be thus considei'ed as executed 
and exhausted. 

The true construction of this clause of the Constitution would seem 
to be that Congress may retain and exercise exclusive jurisdiction 
over a district not exceeding 10 miles square; and whether those 
limits may enlarge or diminish that district, or change the site, upon 
considerations relating to the seat of government, and connected with 
the wants for that purpose; the limitation upon their power in this 
respect is that they shall not hold more than 10 miles square for this 
purpose; and the end is to attain what is desirable in relation to the 
seat of government. This construction is consistent with the phrase- 
ology of the Constitution, with the reasons for granting such a power, 
and not inconsistent with the reserved powers of the States. It saves 
the Government, too, from great and manifold inconveniences to 
which it would be exposed upon any other interpretation of the clause 
in question. Congress might, under this clause, have taken a district 
loss than 10 miles square; and if this had been found insufficient, there 
can be no doubt but that it might have added as much more by cession 
from a State as was necessary for the purposes of a seat of govern- 
ment. If it had taken more originally than was necessary for those 
purposes, there would seem to be as little doubt but that they might 
rclinciuish the surplus. If it may remove the site of its exclusive 
legislation from the Potomac to the Mississippi it would seem to be 
clear that they might remove that site from the boundaries of Alex- 
andria County to the north bank of the Potomac. 

But, it has been asked, by what clause of the Constitution could 
Congress transfer the district thus abandoned to the legislation of any 
State; and if there be none, is it not a fatal objection to the construc- 
tion given by us to the clause in dispute — that the people of the 
district thus relinquished would be left without any government 
whatever? Different minds attending to the system of constitutional 
construction to which they inclined have derived this power from 
different clauses of the Constitution. Some think that the power of 
the General Government to cede in such a case is to be derived from 
the power of "exclusive legislation" given by the Constitution. 
Some, too, derive this power from that "to dispose of, and make all 
needful rules and regulations respecting the territory or other prop- 
erty belonging to the United States." Others, again, hold that the 
right to exercise exclusive legislation in this case is a qualified right, 
and determines M'hen the seat of government is removed. Those who 
hold this opinion maintain that when this right determines, the jurisdic- 
tion reverts to the ceding State, who, b}^ the very terms of the Consti- 
tution, could only have ceded the right of exclusive legislation to the 
District while it remained the seat of government. Your committee 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 107 

think there is much of truth in this last opinion. Fcr it is onl}^ by 
this construction that the seat of government can be removed by the 
Federal authorities, without not only the assent of the States who cede 
the new site, but also of those who have given the old. This would 
enable either the State of Maryland or Virginia to prevent the removal 
of the seat of government, although demanded b}^ ever^^ other State 
in the Union. For even those who derive the power from the two 
sources first named could not maintain that consistentl}^ with good 
faith; we could cede away to other States territory not contiguous to 
them, but contiguous to Virginia and Maryland, and ceded by them 
for a consideration, which failed the moment that the seat of govern- 
ment was removed. 

Upon the last construction as to the relative rights of the parties 
no such inconvenience could be experienced. We might remove the 
seat of government without the consent of Virginia and Maryland, if 
a majority of the people and States desired it, without leaving the 
abandoned District be^'ond the pale of all government, and without 
violating the provision of the Constitution which limits the right of 
Congress to exclusive legislation to 10 miles square. Under this view 
of the clause in question, the jurisdiction over the county of Alexan- 
dria would revert to Virginia vipon the withdrawal of the right of 
exclusive legislation over it, by confining the seat of government to 
the portion of the district north of the Potomac River. But, in any 
view of the case, an act of retrocession would be proper, as it would 
be conferring a right on Virginia which would be necessary in the 
opinion of some, or else acknowledging a right already existing, after 
the withdrawal of our jurisdiction, in the opinion of others. The 
grant would be necessary according to the one opinion, and the 
acknowledgment of right would be salutary even upon the grounds 
assumed by others. One other objection to the act of retrocession 
remains to be considered. The act of Congress establishing the pres- 
ent seat of government characterized it as permanent. It has been 
maintained that its site could not be removed or changed without the 
assent of both Virginia and Maryland, except by a breach of faith 
toward these States. It might be replied that this word "permanent" 
meant onh^ an indefinite period; that it was designed merely to require 
the removal to be made by law, and not by resolution of the two 
Houses; or it might be well said that Congress could not, by contract, 
part with a power reposed in them by the Constitution for wise pur- 
poses; but in point of fact, the history of the transaction does not sus- 
tain this view of the contract. 

Neither Virginia nor Maryland, by their acts of cession, made the 
permanence of the seat of government a condition of the grant. 
Nor is there anything in the acts of cession or the circumstances 
attending them to sanction the idea which has been expressed, that it 



108 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

was a contract between the United States and the States of Virginir 
and Maryland jointly, and thus that good faith would require the 
assent of both States to a retrocession to either, A reference to these 
acts will show that each State contracted, for itself onl}^ with the Gen- 
eral Government, and did not contemplate the action of any other 
State as necessaril}^ connected with its own. This is conclusively 
proved by the fact that each State offered to cede the whole of the 10 
miles square, and thus clearly contemplated the case in which the 
United States and itself might be the only parties to the contract. 
The acts of Virginia and Maryland were passed at different times and 
without the least reference to each other. Upon all these views as to 
the propriety and right of retroceding to Virginia all that portion of 
the District of Columbia originally ceded by her to the United States, 
your committee have been induced to report a bill, which is respect- 
fullj^ submitted. 

MEMORIAL OF THE COMMITTEE OF THE TOWN OF AlvKXA>JDRIA FOR 

RETROCESSION. 

The committee appointed b}' the common council of Alexandria to 
attend to the interests of the town before Congress, and especially to 
urge upon that body the sul^ject of retrocession, beg leave respectfully 
to submit to the honorable chairman and members of the District 
Committee of the House of Representatives some of the considerations 
which impel them greatl}^ to desire to return to the State of Virginia, 
from which, in an evil hour, the}^ were separated. We maintain that 
all government (politically considered) but self-government is bad, and 
that without some radical change, time, instead of making a bad gov- 
ernment better, will make it worse; that whatever power is exercised 
independently of the will of the people, expressed individually or 
through their representatives, is a despotism. When we remind the 
committee that we are a disfranchised people, deprived of all those 
political rights and privileges so dear to an American citizen, and the 
possession of which is so well calculated to elevate and dignify the 
human character; that the exclusive jurisdiction which Congress pos- 
sesses over us, however wisely and moderately exercised, is a despot- 
ism, we are almost inclined to say nothing more, as we can not doubt 
but that our feelings, under such circumstances, will meet with the 
ready sympathy of every member of Congress. Regardless of these 
evils we should be Avilling to continue in this state of vassalage, and 
sacrifice ourselves for the good of our country, could we perceive any 
substantial benefit resulting therefrom to the rest of the Union. 

The citizens of Alexandria are as strongly influenced as the citizens 
of anj'' of the States (we say not fellow-citizens, for in our degraded 
condition the term would be inapplicable) by emotions of pure and 
elevated patriotism. We are convinced, however, that so far from 



GOVEENMENT OF THE DISTEICT OF COLUMBIA. 109 

being of advantage we are a useless and even a burdensome appendage 
to the General Government. The appropriations for the support of 
the judicial sj^stem of the District of Columbia have been a subject of 
serious complaint, amounting, we believe, to as much as $50,000 per 
annum. By retroceding the town and county of Alexandria this 
amount would be greatly diminished, and there would be a consider- 
able saving in the diminished tmie that Congress would feel it incum- 
bent on them to bestow on the affairs of the District. Our condition 
is essentiall}' different from and far worse than that of our neighbors 
on the northern side of the Potomac. They are citizens of the metrop- 
olis of a great and noble republic, and wherever they go there cluster 
about them all those glorious associations connected with the progress 
and fame of their country. The\^ are in some measure compensated 
for the loss of their political rights by benefits resulting from the large- 
expenditure of public money among them, and by daily intercourse 
and association with the various officers of the Government, and par- 
ticularly with the members of Congress. How is it with the citizens 
of Alexandria ? When they go abroad, or their sons are sent to the 
various literar}^ institutions in the States, from a sense of their degraded 
political condition they are induced to pass themselves as citizens of 
Virginia. 

Permit us here expressly to state that in nothing we have said or 
may sa}^ do we design to cast any censure on Congress. Their good 
will we do not for a moment doubt, but are confident that the evils 
under which we labor can not be remedied otherwise than by retro- 
cession. While every State in the Union has been amending and 
improving its civil and penal codes, and none more so than Virginia, 
but few changes, and still fewer improvements, have been made in our 
laws. The laws of Virginia, as the}^ existed on the 27th of Februar}'-, 
1801, with some few unimportant changes, are still in force with us. 
We are yet governed by antiquated English statutes, repealed even 
there half a century ago. Efforts have, at different periods since the 
cession of the District, been made by Congress to establish for us a 
code of laws, but each efiort has proven abortive, and we doubt not that 
future efforts will, if made, share a similar fate. With a due regard 
to the interests of the constituents of each member of your honorable 
bod}^ it is not reasonable to expect Congress to give the time neces- 
sar}' to modif}' and reform these laws in such a manner as is necessary. 
So mongrel and complicated is our present system, so patchwork in 
its nature, that to ascertain what the law is we are in many cases 
compelled to resort to the revised code of Virgmia of the last century 
(now nearly out of print), to the laws of Maryland, and acts of Con- 
gress, and when we have undergone this labor find it difficult to evis- 
cerate from the chaotic mass the true meaning of the law. Can a peo- 
ple among whom the march of the human mind is thus impeded in 



110 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

relation to the highest objects on which it can be exercised, be expected 
to pro.>?per — when, too, we are surrounded by States to whose citizens 
every passing 3'ear brings the fi'uits of an improved judgment and a 
more intelligent understanding? 

B\' decisions of the Supreme Court, the inhabitants of this District 
are not constitutionally entitled to many of the civil rights of citizens 
of the States, as guaranteed to them merely because their rights are 
secured to them as being citizens of a Slate; and while an alien, a 
British subject, may sue in the Federal courts of the Union, we are 
denied the privilege. In order to obtain this right, individual instances 
have occurred in which our citizens have been compelled to remove to 
one of the States. We are deprived of the elective franchise, a privi- 
lege so dear and sacred that we would present its deprivation in the 
strongest light before your honorable bod3\ Side by side with the 
trial by jury and the writ of habeas corpus may be placed the rights 
of the ballot box. It is not unworthy of the remark that while the 
principles of free government are yearly extending with the rapid 
march of civilization, and thrones and dynasties are yielding to their 
influence, here alone in the 10 miles square in and about the capital of 
this great countrN' is there no improvement, no advance in popular 
rights. A foreigner, on reaching some distant portion of our terri- 
tory, might well expect on approaching the seat of government to find 
its inhabitants enjoying in at least an equal degree the free institutions 
of the country. In ascertaining our true condition, how unaccountable 
must it appear that we alone are denied them. 

However clear ourselves as to the constitutional right of Congress 
to carry out the measure we propose, as some doubts — not, we think, 
of a serious character — have been suggested, it is perhaps proper that 
we should adv^ert to the subject. By the seventeenth section of the 
eighth article of the Constitution of the United States, the power is 
delegated to Congress to exercise exclusive jurisdiction in all cases 
whatsoever over such district (not exceeding 10 miles square) as might, 
b}' the cession of particular States and the acceptance of Congress, 
become the seat of government. In limiting the extent of territory 
thus to be ceded to 10 miles square, it is evident that Congress was not 
tied down to that particular quantity nor prohibited from accepting 
any less quantity; and had it thus acted, the requirements of the Con- 
stitution would have been fully answered. The avowed object of the 
framers of the Constitution, in giving Congress exclusive jurisdiction 
over a space of country surrounding the seat of government, was to 
protect its deliberations from disturbance and to secure its action from 
the influence of popular outbreaks. It was left, however, for Con- 
gress to determine the extent of territory, not exceeding or within the 
limits of 10 miles square, over which it might be proper to exercise 
exclusive legislation. For causes satisfactory to Congress, they thought 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. Ill 

proper to accept the maximum quantity allowed by the Constitution; 
and the question now is, whether they hare not the clear and undoubted 
right of withdrawing- their jurisdiction from so much thereof as to 
them may appear unnecessary and useless for the purposes of the origi- 
nal cession. The right to abandon would seem necessarily to follow 
the right to acquire. 

Virginia, in her act of cession, passed to the General Government 
the exclusive jurisdiction alone of that part of the District of Columbia 
south of the river Potomac. The right of property in the soil is 
expressly reserved to the individual proprietors. Has this jurisdiction 
become so vested that it can not be divested, even by the consent of the 
contracting parties, without an amendment of the Constitution ? Were 
this true it would, when carried out, establish that when Congress 
shall have once undertaken to exercise an}^ of the other delegated 
powers, the right again to exercise such power would be forever extin- 
guished. Although the jurisdiction over the Territory of Columbia 
was ceded jointly by the States of Maryland and Virginia, jet the 
assent of the former can surely not be necessary to authorize the Gen- 
eral Government to recede to the State of Virginia the jurisdiction 
over that part of the territory originally ceded by that State. 

In parting with the jurisdiction over the town and county of Alex- 
andria, Virginia appended no condition or limitation in her act of 
cession other than the protection of the individual rights of the inhab- 
itants. The onl}^ implied restriction to the control of Congress in 
relinquishing such jurisdiction would be, that the object of the original 
grant should not be thereby defeated. In this view the question 
becomes one of mere expediency for Congress to determine whether 
the other portion of Columbia (to some of which the United States 
have the absolute right in the soil) would not be amply sufficient for 
all the purposes of a seat of government. The absolute power of 
Congress to dispose of the public lands can not be doubted. An 
express authority for this may be found in the second section of the 
third article of the amended Constitution. It provides that — 

Congress shall have power to dispose of, and make all needful rules and regulations 
respecting, the territory or other property of the United States. 

From the latter part of the seventeenth section, above referred to, 
it is evident that the power secured to Congress, by giving it exclusiv^e 
legislation over the District of Columbia, is exactly the same and 
none other than it is authorized to exercise over any other property 
of the United States; and that land granted for the erection of forts, 
for arsenals, and other purposes is not more liable to its control than 
the territory, or jurisdiction over the territory, of Columbia. 

If the title to property bo absolute the mode of its acquisition 
is unimportant. Whether it be by gift, purchase, or conquest, it is 
still but a complete title. Congress, by a long and uniform series of 
74986—09 8 



112 GOVEKNMiilSIT OF THE DISTRICT ()F C()LUM15IA. 

leo-islation, has <j;iven a practical construction to that part of the Con- 
stitution by which it is authorized to dispose of the public property. 
Lands owned by the United States have, regardless of the mere man- 
ner of acquisition, been placed under the exclusive legislation of 
Congress, and appropriated for the erection of forts, arsenals, and for 
other public uses. When they ceased to be necessary or useful to the 
Government for the ol)jects of the original appropriation they have 
been sold and disposed of according to the will of Congress. The 
entire power of the General Government over the immense body of 
public domain accjuired l)y the cession of Florida and Louisiana has 
never been doubted, and that obtained by the recent annexation of 
Texas must occupy a similar footing. In the exercise of this power 
private rights are of course respected. 

If, then, Congress has the power of disposing of territor}' ceded by 
a foreign government, can it not relinquish a jurisdiction acquired 
from one of the sovereign States of this Union? An abandonment of 
the right of exclusive legislation by Congress has been exhibited, as 
the new States formed out of parts of the Northwest Territory (also 
ceded by Virginia) have one b}^ one entered the confederacy. If the 
Government can not withdraw, or agree not to exercise, the right of 
exclusive legislation over a territory because such right has become 
vested and has for a time been legally exercised, it might place it 
beyond the reach of Congress, under whatever emergenc}", to estab- 
lish boundaries between our territory and that of other nations 
having contiguous poss?essions. The recent location of the north- 
eastern boundary by the Ashburton treaty, with others of a similar 
nature, shows that Congress may, by treaty, waive and forever aban- 
don the right of exclusive legislation, though previously ])<)ssessed 
and exercised. 

Other instances have occurred in the legislation of Congress of an 
actual transfer of jurisdiction, (See vol. 1, Laws U. S., 574.) We 
conceive that the legislature of Virginia, by its act of cession, virtually 
said to the United States, You may hencefoi'ward exercise exclusive 
legislation over the town and county of Alexandria, and that Congress, 
having accepted the cession and iinding from long experience that the 
exercise of such jurisdiction was wholly useless to the General Govern- 
ment and productive of many evils to the inhal)itants, may well deter- 
mine, with the consent of Virginia, to restore the power thus granted. 

In view, then, not only of a sound construction of the Constitution, 
but also of the repeated and Avell-established usage of the Government, 
it would seem, at this da\', to be far too late to raise an}- doubts about 
the power of Congress to recede to the State of Virginia the jurisdic- 
tion over that portion of the Territory of Columbia which lies south 
of the river Potomac. 



GOVERNMENT OF THE DISTKICT OF COLUMBIA. ilS 

For these reasons, and believing that the many grievances to which 
our people ai-e subject can only be remedied by retroceding to the 
State of Virginia, we humbly petition the adoption of the necessary 
report and legislation proper to effectuate this end. 
All of which is respectively submitted. 

Francis L. Smith, 
Robert Brockett, 
Charles T. Stuart, 
Committee of the Touni of Alexandria. 



Appendix 17. 

origin of CARROLLSBURG and HAMBURG. 

1. The property in Carrollsburg was subdivided into lots, streets, 
alleys, etc. , about the latter part of 1770, by virtue and authority of 
a deed of trust dated the 2d day of November, 1770, from Charles 
Carroll, jr., to Henry Rozer, Daniel Carroll, and Notley Young (vide 
Liber A A, No. 2, fol. 299 et seq.). This conveyance authorizes the 
grantees to subdivide "Duddington Manor" and "Duddington Pas- 
ture," containing in the aggregate 160 acres of land, more or less, into 
268 lots, to sell the same (except 6 lots to be selected by the grantor, 
his heirs or assigns, for his or their own proper use), and to draw or 
cause to be drawn for by ballot or lottery. This deed is recorded on 
November 20, 1770, and the plat, courses, and distances of the town 
are also of record in the Land and Special Record. Immediately fol- 
lowing are innumerable deeds from the above grantees to dilierent 
parties for lots in Carrollsburg, which the deeds recite having been 
drawn by the grantees, respectively, in a lotteiy of the same. It was 
a custom apparently in those days to dispose of property by lottery. 
In my researches of the old records I have found several such, includ- 
ing the St. Elizabeth Asylum of your city, which was drawn b}^ an 
old sea captain. In the Elizabetli matter, as in this, the owner con- 
veyed the property to the trustees, who sold the tickets, attended the 
drawing, and deeded the prize to the lucky owner. There is no men- 
tion whatever in 2iwy of the conveyances of this Carrollsburg property 
of an^^ contemplated cession to the United States. 

2. Hamburg was surveyed and laid off by the owner, Jacob Funk, 
and his plat recorded here October 28, 1771, in Liber A A, No. 2, 
folio 398. Funk appears to have purchased the land in fee simple 
from Thomas Johns in 1765 (see deed in Liber B B, fol. 227 et seq.), 
and to have taken out a commission in 1770 to perpetuate the bounds 
of widow's mite, and then to have laid it off and sold it out as lots in 
Hamburg, giving the deeds to the purchasers himself. None of these 



114 GOVERNMENT OF THE DISTRICT OF COLUMBIA, 

deeds recite that the lots have been drawn by lottery or ballot. The 
deed of trust for CarroUsburg is the only authority I ca.i find for a 
lotter}', but that may be explained by the fact that not until 1792 did 
the statutes re()uiio a lottery to be specially authorized ))y the legis- 
lature of Marj'land. (See acts of 1792, ch. 58, sec, 1.) 

3. The title to Carrollsburg was in Rozer, (Carroll, and Young, who 
deeded the same to the parties drawing the lots by deeds duly executed 
and recorded here. 

4. The title in Hamburg was in Jacob Funk, who deeded, etc, 

I find no act of incorporation for either of these towns in Kilty's 
Laws of Mar}' land, and hence infer they wxre never incorpoi-ated, as 
the acts incorporating other villages and towns in the State are quite 
numerous in " Kilty's," 
Trul3% yours, 

Henry Brooke, 
Upper Mari.i-.ok'o. Md., Septemher ^9, 187 Ji.. 



Appendix 18. 

A further supplement to the act concerning the territory of Cohimbia 
and the city of Washington (Lib. J G, No. 2, foUo 82). 

Certificates to ]^q it enacted hy the qeneral assemhly of Maryland^ That 

be sufficient, etc. ^ ^ ^ ^ i , i 

the certificates granted, or which may be granted, by the 
said commissioners, or any two of them, to purchasers of 
lots in the said city, with acknowledgment of the payment 
of the whole purchase money, and interest, if any shall 
have arisen thereon, and recorded agreeabh" to the direc- 
tions of the act concerning the territory of Columbia and 
the city of Washington, shall be sufficient and effectual to 
vest the legal estate in the purchasers, their heirs and 
assigns, according to the import of such certificates, with- 
out any deed or formal conveyance. 
On sales not \\ And he it enacted. That on sales of lots in the said 

Caid, property to ' 

e again sold, Q\iy jjy t;he Said commissioners, or any two of them, under 

terms or conditions of payment being made therefor, at 

any day or days after such contract entered into, if any 

sum of the purchase money or interest shall not be paid 

for the space of thirtv days after the same ought to be paid, 

the commissioners, or any two of them, may sell the same 

lots at public vendue, in the city of Washington, at any 

time after sixty days' notice of such side, in some of the 

puljlic newspapers of Georgetown and Btdtimoretown, and 

retain in their hands sufficient of the money produced by 

such new sale to satisfy all principal and interest due on 

the first contract, together with the expenses of advertise- 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 115 

ments and sale, and the original purchaser, or his assigns, 
shall be entitled to receive from the said commissioners, at 
their treasury, on demand, the balance of the money which 
may have been actually received by them or under their 
order on the said second sale; and all lots so sold shall be 
freed and acquitted of all claim, legal and equitable, of the 
first purchaser, his heirs and assigns. 

III. And he it enacted. That the commissioners afore- commissionera 
said, or ^uj two of them, may appoint a certain day for etc. 
the allotment and assignment of one-half of the quantity 
of each lot of ground in Carrollsburgh and Hamburgh, 
not before that time divided or assigned, pursuant to the 
said act concerning the territory of Columbia and the city 
of Washington, and on notice thereof in the Annapolis, 
some one of the Baltimore, the Easton and Georgetown 
newspapers, for at least three weeks, the same commis- ' 
sioners may proceed to the allotment and assignment of 
ground within the said city, on the day appointed for that 
purpose, and therein proceed at convenient times till the 
whole be finished, as if the proprietors of such lots actually 
resided out of this State: Provided, That if the proprietor 
of any such lot shall object in person, or by writing deliv- 
ered to the commissioners, against their so proceeding as 
to his lot, before they shall have made an assignment of 
ground for the same, then they shall forbear as to such lot, 
and may proceed according to the before-mentioned act. 

ly. And he it enacted, That the said commissioners ^^^1° etc! ™*^^"' 
may make a seal of office of the clerk for recording deeds 
within the District of Columbia, which shall be kept by 
him; and that the like fees shall be paid for and the like 
credit shall be given to certificates under that seal as to 
the like acts under the seal of a county court, and the said 
clerk shall be entitled to demand and receive his fee when 
the services enjoined him by this act and the act to which 
this is a further supplement shall be performed. 

Passed the 28th of December, 1793. 



Appendix 19. 

AN ACT providing a permanent form of government for the District of Columbia. 

Section 1. 

1. Be tt enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That all the territory 
which was ceded by the State of Maryland to the Congress of the 



116 GOVERNMENT OF THE DISTRICT OS COLUMHIA. 

United States for the permanent seat of the Government of the United 
States shall continue to be designated as the District of Columbia. 

2. Said District and thi^ propei'ty and p(>rsons that may be therein 
shail be subject to the following- provisions for the government of the 
same, and also to any existing laws applicable thereto not hereby 
repealed or inconsistent with the provisions of this act. 

3. The District of Columbia shall remain and continue a numicipal 
corporation, as provided in section two of the Revised Statutes relat- 
ing to said District, and the Commissioners herein provided for shall 
be deemed and taken as officers of such corporation. 

4. And all laws now in force relating to the District of Columbia 
not inconsistent with the provisions of this act shall remain in full 
force and effect. 

Section 2. 

1. That within twenty days after the approval of this act the Presi- 
dent of the United States, by and with the advice and consent of the 
Senate, is hereby authorized to appoint two persons, who, with an 
officer of the Corps of Engineers of the United States Army, whose 
lineal rank shall be above that of a captain, shall be Commissioners of 
the District of Colum})ia. 

JOINT RESOLUTION defining a quorum of the Board of Commissioners of the District of Columbia 

and for other purposes. 

Resolved by the Senate and House of Representatives of the United States of America, in 
Congress assemhlcd, That any two of the Commissioners of the District of Columbia, 
sitting as a board, shall constitute a quorum for the transaction of business, and that 
the senior officer of the Corps of Engineers of the x\rmy who shall for the time being 
be detailed to act as assistant (and in case of his absence from the District or disa- 
bility, the junior officer so detailed) shall, in the event of the absence from the Dis- 
trict or disability of the Commissioner who shall for the time being be detailed from 
the Corps of Engineers, perform all the duties imposed by law upon said Commis- 
sioner. Hereafter such Engineer Commissioner may, in the discretion of the Presi- 
dent of the United States, be detailed from among the captains or officers of higher 
grade having served at least fifteen years in the Corps of Engineers of the Army of 
the United States. 

Approved December 24, 1890. 

2. And who, from and after July first, eighteen hundred and seven tj'- 
eight, shall exercise all the powers and authority now vested in the 
Commissioners of said District, except as are hereinafter limited or pro- 
vided, and shall be subject to all restrictions and limitations and duties 
which are now imposed upon said Commissioners. 

3. The Commissioner, who shall be an officer detailed from time to 
time from the Corps of pjugincers b}^ the President for this duty, shall 
not be required to perform any other, nor shall he recei\e any other 
compensation than his regular pay and allowances as an officer of the 
Army. 



GOVERNMENT OF THE DISTEICT OF COLUMBIA. 117 

Salary of Engineer Commissioner fixed at |5,000, U. S. Stat, at L., vol. 21, p. 460. 

Hereafter the operations of the water department of the D. C. shall be under the 
direction of the Engineer's Office of the District, subject to the control of the Com- 
missioners, vol. 22, p. 143. 

4. The two persons appointed from civil life shall, at the time of 
their appointment, be citizens of the Uni^d States, and shall have 
been actual residents of the District of Columbia for three years next 
before their appointment, and have, during that period, claimed resi- 
dence nowhere else; 

5. And one of said three Commissioners shall be chosen president 
of the Board of Commissioners at their first meeting, and annually and 
whenever a vacanc}^ shall occur thereafter; 

6. And said Commissioners shall each of them, before entering upon 
the discharge of his duties, take an oath or affirmation to support the 
Constitution of the United States, and to faithfully discharge the 
duties imposed upon him by law; 

7. And said Commissioners appointed from civil life shall each 
receive for his services a compensation at the rate of five thousand 
dollars per annum, and shall, before entering upon the duties of the 
office, each give bond in the sum of fifty thousand dollars, with surety 
as is required by existing law. 

8. The official term of said Commissioners appointed from civil life 
shall be three j^ears, and until their successors are appointed and qual- 
ified; but the first appointment shall be one Commissioner for one 
year and one for two years, and at the expiration of their respective 
terms their successors shall be appointed for three years. 

(Attorney General Devens rendered an opinion July 7, 1880, that the term of 
office of the Commissioners appointed from civil life is three years, and not for 
unexpired balance of their predecessor's terms. ) 

9. Neither of said Commissioners, nor any officer whatsoever of the 
District of Cohmibia, shall be accepted as surety upon any bond 
required to be given to the District of Columbia; 

10. Nor shall any contractor be accepted as suretj' for any officer or 
other contractor in said District. 

Section 3. 

1. That as soon as the Commissioners appointed and detailed as 
aforesaid shall have taken and subscribed the oath or affirmation herein- 
before required, all the powers, rights, duties, and privileges lawfully 
exercised by, and all property, estate, and effects now vested by law 
in the Commissioners appointed under the provisions of the act of 
Congress approved June twentieth, eighteen hundred and seventy-four, 
shall be transferred to and vested in and imposed upon said Commis- 
sioners; and the functions of the Commissioners so appointed under 



118 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

the act of June twentieth, eighteen hundred and seventy-four, shall 
cease and determine. I 

2. And the Commissioners of the District of Columbia shall have 
power, subject to the limitations and provisions herein contained, to 
apply the taxes and other i-evenues of said District to the payment of 
the current expenses thereof, to the support of the public schools, the 
fire department and the police, and for that purpose shall take posses- 
sion and supervision of all the offices, books, papers, records, moneys, 
credits, securities, assets, and accounts belonging or appertaining to 
the business or interests of the government of the District of Columbia, 
and exercise the duties, powers, and authority aforesaid; 

Commissioners — 

expenditures of, not to exceed appropriations, vol. 22, p. 470. 

shall not make requisitions on U. S. for greater sums than on revenues from D. C, 

vol. 22, p. 471. 
duties of, respecting "low grounds" transferred to Secretary Interior, vol. 21, 

p. 47. 
shall not make requisition on the U. S. Treasury for a larger amount than from 

the revenues of the D. C, vol. 29, p. 684. 
hospital for foundlings, to report to, act March 3, 1909. 

3. But said Commissioners, in the exercise of such duties, powers, 
and authority, shall make no contract, nor incur any obligation other 
than such contracts and obligations as are hereinafter provided for and 
shall be approved by Congress. 

4. The Commissioners shall have power to locate the places where 
hacks shall stand and change them as often as the public interests 
require. 

5. Any person violating any orders lawfully made in pursuance of 
this power shall'be subject to a fine of not less than ten nor more than 
one hundred dollars, to be recovered before any justice of the peace in 
an action in the name of the Commissioners. 

The attorney for the District holds that the Act of January 26, 1887 (24 Stat, 368), 
repeals paragraph 5. (See "Authority to make public vehicle rates," p. 177.) 

6. All taxes heretofore lawfully assessed and due, or to become due, 
shall be collected pursuant to law, except as herein otherwise provided; 

7. But said Conmiissioners shall have no power to anticipate taxes 
by a sale or hypothecation of any such taxes or evidences thereof; 

8. But they may borrow, for the first fiscal year after this act takes 
effect, in anticipation of collection of revenues, not to exceed two hun- 
dred thousand dollars, at a rate of interest not exceeding five per 
centum per annum, which shall be repaid out of the revenues of that 
year. 

9. And said Commissioners are hereby authorized to abolish any 
office, to con.solidate two or more offices, reduce the number of em- 
ployees, remove from office, and make appointments to any office under 
them authorized by law; 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 119 

10. Said Commissioners shall have power to erect, light and main- 
tain lamp-posts, with lamps, outside of the city limits, when, in their 
judgment, it shall be deemed proper or necessarj^: 

Provided^ That nothing in this act contained shall be construed to 
abate in any wise or interfere with any suit pending in favor of or 
against the District of Columbia or the Commissioners thereof, or 
affect any right, penalty, forfeiture, or cause of action existing in 
favor of said District or Commissioners, or any citizen of the District 
of Columbia, or any other person, but the same may be commenced, 
proceeded for, or prosecuted to final judgment, and the corporation 
shall be bound thereby as if the suit had been originally commenced 
for or against said corporation. 

12. The said Commissioners shall submit to the Secretary of the 
Treasury for the fiscal year ending June thirtieth, eighteen hundred 
and seventy-nine, and annually thereafter, for his examination and 
approval, a statement showing in detail the work proposed to be under- 
taken by them during the fiscal year next ensuing, and the estimated 
cost thereof; 

13. Also the cost of constructing, repairing, and maintaining all 
bridges authorized by law across the Potomac River within the Dis- 
trict of Columbia, and also all other streams in said District; the cost 
of maintaining all public institutions of charity, reformatories, and 
prisons belonging to or controlled wholly or in part by the District of 
Columbia, and which are now by law supported wholly or in part by 
the United States or District of Columbia; and also the expenses of 
the Washington Aqueduct and its appurtenances; and also an itemized 
statement and estimate of the amount necessary to def ra}^ the expenses 
of the government of the District of Columbia for the next fiscal year: 

Estimates for water department shall be included in estimates of Commissioners, 
vol. 21, p. 466. 

Estimates shall be submitted to Congress through Secretary of Treasury by Octo- 
ber 15th of each year (31 Stats., 1009) (23 Stat., 254). 

Shall not exceed twice the estimated revenues for fiscal year, act March 3, 1909. 

Estimates for Freedman's Hospital shall hereafter be made by Commissioners, 
vol. 27, p. 373. 

Shall include cost of defending suits in Court of Claims, vol. 24, p. 253. 

Shall include estimates for Columbia Institution for Deaf and Dumb, vol. 25, p. 962. 

Shall include expense of militia, vol. 25, p. 780. 

Shall include care of feeble-minded children, vol. 26, p. 393. 

Shall include expenses of support of D. C. convicts, vol. 26, p. 408. 

Shall include provision for Board of Assistant Assessors and its clerk, vol. 28, p. 285. 

Shiall include salaries of the force necessary for the care and protection of the Court 
House, vol. 28, p. 202. 

Shall include salary of the Warden of the District Jail, vol. 28, p. 202. 

Shall include expense of maintaining prisoners in the District Jail, vol. 28, p. 417. 

Shall include expense of insane, vol. 20, p. 230. 

Shall not be published in advance of submission to Congress, act March 3, 1909. 



120 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Annual, hIuiU iiicluile f^tatcnient of number and compensation of employees appro- 
priated for in one oflu'e and detailed to another for longer than one year, vol. 28, p. 808. 

And hereafter one-half of the cost of the maintenance and repair of any liridge 
across Rock Creek occupied by the tracks of a street railway or railways shall be 
borne by the said railway companj' or companies, and shall be collected in the same 
manner as the cost of laying pavements between the rails and tracks of street rail- 
ways as provi(led for in section five of "An act providing a permanent form of gov- 
ernment for the District of Columbia," approved June 11, 1878. The amounts thus 
collected shall be deposited to the credit of the appropriation for the fi.scal year in 
which they are collected. U. S. Stat., vol. 28, p. 252. 

14. Provided^ That nothing- herein contained shall be construed as 
transferring from the United States authorities an}' of the public 
works within the District of Columbia now in the control or super- 
vision of said authorities. 

The following which were in charge of U. S. officers have since been transferred 
to Commissioners. 

The reservations formed by intersecting avemies and streets were apjiortioned 
between Superintendent of Public Buildings and (xrounds and the Commissioners, 
February 16, 1889, by L. S. 38,693. CO. 

Bennings, Anacostia and Chain Bridges — transferred to charge of Commissioners, 
vol. 24, p. 132. 

Bridge at Penna. Ave., over Eastern Branch, transferred to Commissioners July 
28, 1890. L. R. 167,768. C. 0. 

Aqueduct Bridge over Potomac, placed mider the jurisdiction of the Commissioners 
July 18, 1888, vol. 25, p. 319. 

All bridges in D. C. except the Aqueduct Bridge over Rock Creek, j>laced under 
control of Commissioners, vol. 27, p. 544. 

Bridges, Commissioners shall make regulations for public safety on, vol. 27, p. 544. 

15. The Secretary of the Treasur}- shall carefully consider all esti- 
mates submitted to him as above provided, and shall approve, dis- 
approv^e, or suggest such changes in the same, or any item thereof, 
as he may think the public interest demands; and after he shall have 
considered and ])assed upon such estimates submitted to him, ho shall 
cause to be made a statement of the amount approved b}' him and the 
fund or purpose to which each item belongs, which statement shall be 
certified by him, and delivered, together with the estimates as oi'iginally 
sul)mitted, to the Commissioners of tiic District of Columbia, who 
shall transmit the same to Congress. 

16. To the extent to which (^ongress shall approve of said estimates, 
Congress shall appropriate the amount of tifty per centum thereof; 

17. And the remaining tiftv per centum of such approved estimates 
shall be levied and asses.sed upon the taxable property and privileges 
in said District other than the property of the United States and of 
the District of Columbia; 

18. And all proceedings in the assessing, equalizing and levA'ing of 
said taxes, the collection thereof, the listing return and j^enalty for 
taxes in arrears, the advertising for sale and the sale of property for 
delinquent taxes, the redemption thereof, the proceedings to enforce 
the lien upon unredeemed property, and every other act and thing now 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 121 

required to be done in the premises, shall be done and performed at 
the times and in the manner now provided by law, except in so far as 
is otherwise provided by this act; 

19. Provided^ That the rate of taxation in any one year shall not 
exceed one dollar and fifty cents on every one hundred dollars of real 
estate not exempted by law; and on personal propert}^ not taxable 
(elsewhere, one dollar and fifty cents on every one hundred dollars, 
according to the cash valuation thereof (see pp. 146, 163); 

20. And ■])T(ymded further^ Upon i-eal property held and used exclu- 
sively for agricultural purposes, without the limits of the cities of 
\Vashing'ton and Georgetown, and to be so designated by the assessors 
ill their annual returns, tlie rate for an}" one year shall not exceed one 
dollar on every one hundred dollars. (Rate fixed at $1.50 per $100, 
p. 616.) 

21. The collector of taxes, upon the receipt of the duplicate of assess- 
ment, shall give notice for one week, in one newspaper published in 
the city of Washington, that he is ready to receive taxes; 

22. And any person who shall, within thirty da\-s after such notice 
given, pay the taxes assessed against him, shall be allowed by the 
collector a deduction of five per centum on the amount of his tax; 

Provision allowing deduction for prompt payment of taxes repealed, vol. 22, p. 571. 

23. All penalties imposed by the act approved March third, eight- 
een hundred and seventy-seven, chapter one hundred and seventeen, 
upon delinquents for default in the payment of taxes levied under said 
act, at the times specified therein, shall, upon payment of the said 
taxes assessed against such delinquent within three months from the 
passage of this act, with interest at the rate of six per cent, thereon, 
be remitted. 

Section 4. 

1. That the said Commissioners may, by general regulations consist- 
ent with the act of Congress of March third, eighteen hundred and 
seventy -seven, entitled "An act for the support of the government of 
the District of Columbia for the fiscal year ending June thirtieth, 
eighteen hundred and seventy-eight, and for other purposes," or with 
other existing laws, prescribe the time or times for the paj'ment of all 
taxes and the duties of assessors and collectors in relation thereto. 

(See "Methods of Taxation," p. 143 et seq.) 

2. All taxes collected shall be paid into the Treasur}' of the United 
States, and the same, as well as the appropriations to be made \yy Con- 
gress as aforesaid, shall be disbursed for the expenses of said District, 
on itemized vouchers, which shall have been audited and approved h^ 
the Auditor of the District of Colum))ia, certified b}'- said Commis- 
sioners, or a majority of them; 

Balances of appropriations remaining at end of two years from close of fiscal year 
ehall be covered into Treasury to credit of U. S. and D, C. equally, vol. 25, p. 808. 



\'2'2 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

3. And tlio uocounts of said Commissioners, and the tax collectors, 
and all other officers required to account, shall be settled and adjusted 
b}' the accounting officers of the Treasury Department of the United 
States. 

4. Hereafter the Secretary of the Treasury shall pay the interest on 
the three-sixty-five bonds of the District of Columbia issued in pursu- 
ance of the act of Congress approved Jmic twentieth, eighteen hundred 
and seventy-four, when the same shall liecome due and payable; and 
all amounts so paid shall be credited as a part of the appropriation for 
the year by the United States toward the expenses of the District of 
Columbia, as hereinbefore provided. 

Section 5, 

1. That hereafter when any repairs of streets, avenues, alleys, or 
sewers within the District of Columbia are to be made, or when new 
pavements are to be substituted in place of those worn out, new ones 
laid, or new streets opened, sewers built, or any works the total cost 
of which shall exceed the sum of one thousand dollars, notice shall be 
given in one newspaper in Washington, and if the total cost shall 
exceed five thousand dollars, then in one newspaper in each of the cities 
of New York, Philadelphia, and Baltimore, also for one week, for pro- 
posals, with full specifications as to material for the whole or any por- 
tion of the works proposed to be done. 

2. And the lowest responsible proposal for the kind and character 
of pavement or other work which the Commissioners shall determine 
upon shall in all cases be accepted: 

8. Provided^ however^ That the Commissioners shall have the right, 
in their discretion, to reject all of such proposals: 

4. Provided^ That work capable of being executed under a single 
contract shall not be subdivided so as to reduce the sum of mone}^ to 
be paid therefor to less than one thousand dollars. 

5. All contracts for the construction, improvement, alteration, or 
repairs of the streets, avenues, highways, alleys, gutters, sewers, and 
all work of like nature shall be made and entered into only by and 
with the ofKcial unanimous consent of the Commissioners of the 
District. 

(See note after paragraph 1, section 2, as to quorum of Board.) 

6. And all contracts shall be copied into a book kept for that pur- 
pose and be signed by the said Commissioners, and no contract involv- 
ing an expenditure of more than one hundred dollars shall be valid 
until recorded and signed as aforesaid. 

The First Comptroller verbally advised Commissioners that books composed of 
original copies of contracts bound together would meet the requirements of this law 
as to copying contracts into a book. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 123 

7. No pavement shall be accepted nor any pavements laid ex(;ept that 
of the best material of its kind known for that purpose, laid in the 
most substantial manner; 

8. And g-ood and sufficient bonds to the United States, in a penal 
sum not less than the amount of the contract, with sureties to be 
approved b}^ the Commissioners of District of Columbia, shall be 
required from all contractors, guaranteeing- that the terms of their 
contract shall be strictly and faithfully performed to the satisfaction 
of and acceptance by said Commissioners {see Officers' and Contractors^ 
honds^ p. 180^ for modification of this restriction)', 

9. And that the contractors shall keep new pavements or other new 
works in repair for a term of five years from the date of the comple- 
tion of their contracts {see Term of Contractors'' Liahility, j). 181)\ 

10. And ten per centum of the cost of all new work shall be retained 
as an additional security and a guarantee fund to keep the same in repair 
for said term, which said per centum shall be invested in registered 
bonds of the United States or of the District of Columbia and the inter- 
est thereon paid to said contractors. {See Retents from Contractors^ 
p. 181.) 

Contractors' retains: "All moneys which have been or may hereafter be legally 
retained from contractors may be invested in bonds of the United States or the Dis- 
trict of Columbia and held by the Treasurer of the United States, and any sum M'hich 
has been or shall be realized from such investments in excess of the amounts due to 
contractors shall be deposited in the Treasury to the credit of the United States and 
of the District of Columbia in equal parts," vol. 23, p. 313; or the Treasurer of U. S. 
may retain said money without interest, or invest same at the request and risk of the 
contractor, when amount is over $100, at his discretion, vol. 24, p. 501. 

11. The cost of laying down said pavement, sewers, and other works, 
or of repairing the same, shall be paid for in the following propor- 
tions and manner, to wit: When any street or avenue through which 
a street railway runs shall be paved, such railway company shall bear 
all of the expense for that portion of the work lying between the exte- 
rior rails of the tracks of such roads, and for a distance of two feet 
from and exterior to such track or tracks on each side thereof, and of 
keeping the same in repair; 

12. But the said railway companies, having conformed to the grades 
established b}' the Commissioners, may use such cobblestone or Bel- 
gian blocks for paving their tracks, or the space between their tracks, 
as the Commissioners may direct; 

13. The United States shall pay one-half of the cost of all work done 
under the provisions of this section, except that done by the railway 
companies, which payment shall be credited as part of the fifty per 
centum which the United States contributes toward the expenses of 
the District of (.olumbia for that .year; 

(Except perniit work. 28 Stats., 247.) 

14. And all payments shall h& made by the Secretary of the Treasury 
on the warrant or order of the Commissioners of the District of 



124 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Columbia or a majority thereof, in such amounts and at such times as 
they ma}' deem safe and proper in view of the progress of the work. 

A disbursing officer shall be appointed by the Commissioners of the District ot 
Columbia, who shall give bond to the United States in the sum of fifty thousand 
dollars, conditioned for the faithful performance of the duties of his office in the 
disbursing and accounting, according to law, for all moneys of the United States and 
of the District of Columbia that may come into his hands, which bond shall be 
approved by the said Commissioners and the Secretary of the Treasury and be filed 
in the office of the Secretary of the Treasury: Provided, That hereafter advances in 
money shall be made on the requisition of said Commissioners to the said disbursing 
officer instead of to the Commissioners, and he shall account for the same as now 
required by law of the said Commissioners. 

That hereafter all accounts for the disbursement of appropriations made either 
from the revenues of the District of Columbia or jointly from the revenues of the 
United States and the District of Columbia shall be audited by the Auditor of the 
District of Columbia before being transmitted to the accounting officers of the Treas- 
ury, unless otherwise specifically provided in the law making such appropriations: 
Provided, That this provision shall not apply to disbursements on account of the 
court of appeals and the Supreme Court of the District of Columbia, and for interest 
and sinking fund on the funded debt of the District of Columbia, which disburse- 
ments shall continue to be audited as heretofore provided by law. (June 30, 1898.) 

15. That if an}' street railway company shall neglect or refuse to 
perform the work required by this act, said pavement shall ])e laid 
between the tracks and exterior thereto of such railwa}- by the J3istrict 
of Columbia; 

16. And if such company shall fail or refuse to pay the sum due 
from them in respect of the work done by or under the orders of the 
proper officials of said District in such case of the neglect or refusal of 
such railway company to perform the work required as aforesaid, the 
Commissioners of the District of Columbia shall issue certificates of 
indebtedness against the property, real or personal, of such railway 
company, which cf^rtificates shall bear interest at the rate of ten per 
centum per anniun until paid, and which, until they are paid, shall 
remain and be a lien upon the property on or against which they are 
issued together with the franchise of said company; 

17. And if the said certificates are not paid within one year, the said 
Commissioners of the District of Columbia may proceed to sell the 
property against which thin' are issued, or so much thereof as may be 
necessary to pay the amount due, such sale to be first duly advertised 
daily for one week in some newspaper published in the city of Wash- 
ington, and to be at public auction to the highest bidder. 

18. When street railways cross any street or avenue, the pavement 
between the tracks of such railway shall conform to the pavement used 
upon such street or avenue, and the companies owning these intersect- 
ing railroads shall pay for such pavements in the same; luanner and 
proportion as required of other railway companies under the provisions 
x>f this section. 



GOVERNMENT OF THE DISTEICT OF COLUMBIA. 125 

19. It shall be the duty of the Commissioners of the District of 
Columbia to see that all water and gas mains, service pipes, and sewer 
connections are laid upon any street or avenue proposed to be paved 
or otherwise improved before any such pavement or other permanent 
works are put down; 

The Commissioners of the District of Columbia are hereby authorized, whenever 
the roadway of a street is about to be paved or macadamized, to make service 
connections in such street for all abutting lots and premises with the water mains 
and sewer provided for the service of said lots and premises. The entire cost of 
the said connections shall be paid from the current appropriations respectively for 
the extension of the sewer and water supply systems, and shall be assessed against 
the abutting property, and collected in like manner as assessments which are 
levied under the compulsory permit system; the sum so collected shall be credited 
to the respective appropriations for the extension of the sewer and water supply 
systems for the fiscal year during which said collections are made. U. S. Stat., 
vol. 28, p. 44. 

20. And the Washington Gas-Light Company, under the direction 
of said Commissioners, shall, at its own expense take up, lay, and 
replace all gas mains on any street or avenue to be paved, at such 
time and place as said Commissioners shall direct. 

21. The President of the United States ma}^ detail from the Engi- 
neer Corps of the Army not more than two officers, of rank subordi- 
nate to that of the Engineer Officer belonging to the Board of 
Commissioners of said District to act as assistants to said Engineer 
Commissioner, in the discharge of the special duties imposed upon 
him by the provisions of this act. 

Provided, That the last clause of section five of *'An act providing a permanent form 
or the District of Columbia, approved June 11, 1878," is hereby amended, so as 
to read as folows: 

The President of the United States may detail from the Engineer Corps of the Army 
not more than three officers, junior to the engineer officer belonging to the Board 
of Commissioners of said District to act as assistant to said Engineer Commissioner 
in the discharge of the special duties imposed upon him by the provisions of this 
act. (28 Stat., 236.) 

(See joint resolution following clause I, section 2, fur further duties of these 
assistants. ) 

Section 6. 

1. That from and after the first da}' of July, eighteen hundred and 
seventy-eight, the Board of Metropolitan Police and the Board of 
School Trustees shall be abolished; and all the powers and duties now 
exercised by them shall be transferred to the said Commissioners of 
the District of Columbia, who shall have authority to employ such 
officers and agents and to adopt such provisions as may be necessary 
to carry into execution the powers and duties devolved upon them 
by this act. 

2. And the Commissioners of the District of Columbia shall from 
time to time appoint nineteen persons, actual residents of said District 



12(3 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

of Columbia, to constitute the trustees of Public Schools of said Dis- 
trict, who shall serve without compensation i\nd /'or hucJi fenns as said 
Commissioners shall fx. Said trustees shall have the powers and per- 
form the duties in relation to the care and management of the Public 
Schools which are now authorized by law. 

Complete jurisdiction over the pu})lic schools of tho District of Columbia is vested 
in a Board of Education, consisting of nine niem])ers, three of whom shall be women, 
appointed by the supreme court of said District. (34Stat.,pt. 1,316.) (Seealsop. 181.) 

Section 7. 

That the offices of sinking-fund commissioners are hereby abolished; 
and all duties and powers possessed by said commissioners are trans- 
ferred to, and shall be exercised b\^, the Treasurer of the United 
States, who shall perform the same in accordance with the provisions 
of existing laws. 

Sinking fund and interest: Treasurer niay invest in any District bonds he may 
deem most advantageous, vol. 22, p. 470. 

Appropriations for sinking fund and interest shall )>e drawn only on requisition of 
Treasurer U. S., vol. 22, p. 470. 

Hereafter any amount appropriated for any fiscal year may be consolidated with 
the unexpended balances of appropriations for interest and sinking fund for the years 
preceding, vol. 23, p. 131. 

Treasurer U. S. shall redeem Board of Audit certificates, vol. 21, p. 286. 

Treasurer U. S. shall pay judgments of Court of Claims with 3-65 bonds or pro- 
ceeds thereof, vol. 21, p. 466. 

Any excess sums hereby or hereafter appropriated for the sinking 
fund over and above the amount required for the payment of the inter- 
est on the funded debt of the District of Columbia shall l)e applied by 
the Treasury of the United States to the purchase and redemption of the 
bonds of the District of Columbia: Provided^ That should the Treasurer 
of the United States at any time be unable to secure bonds of the District 
of Columbia at a price which he ma}' deem advantageous, he is hereby 
authorized to invest the amount available for the said sinking fund in 
})oiids of the United States, the bonds so purchased to be registered in 
the name of the Treasurer of the United States, trustee for the sinking 
fund of the District of Columbia, and it shall be the dut}'^ of the Treas- 
urer of the United States to collect the interest, when due on the 
bonds so held, and to invest the same for account of said sinking fund: 
Provided further, That the Treasurer of the United States is hereby 
authorized, by exchange or by sale and reinvestment, to substitute 
bonds of the District of Columbia for the bonds of the United States, 
so held, when he shall deem it to be to the interest of the said sinking 
fund to do so. (March 3, 1903.) 

Section 8. 

That in lieu of the Board of Health now authorized by law, the 
Commissioners of the District of Columbia shall appoint a physician 



GOVERNMENT OF THE DISTJRICT OF COLUMBIA. 127 

as Health Officer, whose duty it shall be, under the direction of the 
said Commissioners, to execute and enforce all laws and regulations 
relating to the public health and vital statistics, and to perform all 
such duties as may be assigned to him by said commissioners; and the 
Board of Health now existing shall, from the date of the appointment 
of said Health Officer, be abolished. 

Section 9. 

1. That there may be appointed by the Commissioners of the Dis- 
trict of Columbia, on the recommendation of the Health Officer, a 
reasonable number of sanitar}^ inspectors for said District, not exceed- 
ing six, to hold such appointment at any one time, of whom two may 
be physicians, and one shall be a person skilled in the matters of 
•drainage and ventilation; and said Commissioners may remove any 
of the subordinates, and from time to time may prescribe the duties of 
each; 

2. And said inspectors shall be respectivel}" required to make, at 
least oncfe in two weeks, a report to said Health Ofiicer,-in writing, 
of their inspections, which shall be preserved on file; 

3. And said Health Officer shall report in writing annually to said 
Commissioners of the District of Columbia, and so much oftener as 
thej" shall require. 

Section 10. 

That the Commissioners may appoint, on the like recommendation 
of the Health Officer, a reasonable number of clerks, but no greater 
number shall be appointed, and no more persons shall be employed 
under said Health Officer, than the public interests demand and. the 
appropriation shall justify. 

Section 11. 

1. That the salary of the Health Officer shall be three thousand dol- 
lars per annum (now $4,000); 

2. And the salar}^ of the sanitary inspectors shall not exceed the 
sum of one thousand two hundred dollars per annum each; 

3. And the salary of the clerks and other assistants of the Health 
Officer shall not exceed in the aggregate the amount of seven thousand 
dollars, to be apportioned as the Commissioners of the District of 
Columbia may deem best. (This has been much increased by annual 
appropriations by Congress.) 

Section 12. 

1. That it shall be the duty of the said Commissioners to report to 
Congress at the next session succeeding their appointment a draft of 
such additional laws or amendments to existing laws as in their opin- 
ion are necessary for the harmonious working of the system hereby 
74986—09 9 



128 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

adopted, and for the eflfectual and proper government of the District 
of Columbia; 

(The required compilation was submitted to Congress, but never acted upon by 
that body. ) By act of March 2, 1889, the compilation of a code of laws was provided 
for, vol. 25, p. 872. W. Stone Abert was employed to do the work, and the distribu- 
tion of the code prepared by him was ordered by act of March 2, 1895, vol. 28, p. 759. 

2. And said Commissioners shall annually report their official doings 
in detail to Congress on or before the first Monday of December. 

Section 13. 

1. That there shall be no increase of the present amount of the total 
indebtedness of the District of Columbia; 

Three-sixty-five bonds limited to $15,000,000, vol. 21, p. 286. 

2. And any officer or person who shall knowingly increase, or aid 
or abet in increasing, such total indebtedness, except to the amount 
of the two hundred thousand dollars, as authorized by this act, shall 
be deemed guilty of a high misdemeanor, and, on conviction thereof, 
shall be punished by imprisonment not exceeding ten years', and by 
fine not exceeding ten thousand dollars. 

Section 14. 

1. That the term "school houses" in the act of June seventeenth, 
eighteen hundred and seventy, chapter thirty, was intended to embrace 
all collegiate establishments actually used for educational purposes, 
and not for private gain. (See Exemptions of real property, p. 147.) 

2. And that all taxes heretofore imposed upon such establishments, 
in the District of Columbia, since the date of said act are hereby 
remitted, and where the same or any part thereof has been paid, the 
sum so paid shall be refunded, (lb.) 

3. But if any portion of any said building, house, or grounds in 
terms excepted is used to secure a rent or income, or for any business 
purpose, such portion of the same, or a sum equal in value to such 
portion, shall be taxed. (lb.) 

Section 15. 

That all laws inconsistent with the provisions of this act be, and the 
same are hereby, repealed. 
Approved June 11, 1878.. 



Appendix 20. 

AN ACT for laying out and erecting a Town on Potomac River, above the [mouth 
of Rock .Creek, in Frederick County. Passed 8th June, 1751.] 

Whereas several inhabitants of Frederick County, by their humble 
petition to this General Assembly, have set forth, that there is a con- 
venient place for a town on Potomac River, above the mouth of liock 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 129 

Creek, adjacent to the inspection-house in the Countj^ aforesaid, and 
prayed, that sixt}^ acres of land ma}^ be there laid out and erected into 
a town: 

2. Be it therefore enacted^ hy the right honorable the Lord Prietary^ 
hy and with the advice and consent of his Lordship's Governor, and the 

Upjper and Lower Houses of Assembly^ and the authority of the sanie^ 
That Captain Henry Wright Crabb, Master John Needham, Master 
John Clagett, Master James Perrie, Master Samuel Magruder the 
Third, Master Josias Bealle, and Master David Lynn, shall be, and 
are hereby, appointed commissioners for Frederick County aforesaid, 
and are hereb}^ authorized and empowered, as well to buy and pur- 
chase sixty acres, part of the tracts of land belonging to Messrs, George 
Gordon and George Bell, at .the place aforesaid, where it shall appear 
to them, or the major part of them, to be most convenient as to sur- 
ve}^ and lay out, or cause the same to be surveyed and laid out, in the 
best and most convenient manner, into eighty lots, to be erected into a 
town. 

3. And he it further enacted, hy the authority, advice, arid consent 
aforesaid, That the commissioners aforesaid before nominated and 
appointed, or the major part of them, are hereby empowered and 
required, at some time by them, or the major part of them, to be 
appointed, before the first day of October next, to meet together on 
the land aforesaid, or at some other place near and convenient thereto, 
and then and there treat and agree (if the same can be done on reason- 
able terms,) with the owner or owners, and person or persons interested 
in the same sixty acres of land, for the purchase thereof; and if it 
shall happen that the said owner or owners, person or persons, will 
not agree with the said commissioners for such rate or price as they 
the said commissioners, or the major part of them, shall think reason- 
able, or shall refuse to make sale of the same, or that through non-age, 
coverture, or any other disability or impediment, shall be disabled to 
make such sale, that then and in any such case the commissioners 
aforesaid, or the major part of them, shall and are hereby empowered 
and required, to issue a warrant, under their hands and seals, directed 
to the sherifi' or coroner of Frederick County aforesaid for the time 
being, commanding him to summon and impannel a jury of seventeen 
good and lawful men, freeholders of his bailiwick, to be and appear at 
the day and place in such warrant to be mentioned, which sheriff is 
hereby required and obliged to execute the same; and that jury, being 
by the said commissioners charged and sworn, shall, upon their oath, 
inquire, assess, and return, what damages or recompence they shall 
think tit to be paid and given to such owner or owners, person or per- 
sons, for the sixty acres of land aforesaid, and that whatever sum or 
sums of money such jury shall so assess and award, shall and is hereby 
declared to be the value and price to be paid to such owner or owners, 



130 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

person or persons, interested in the sixty acres of land aforesaid; but 
if the said jury shall assess and value the said land at a less price than 
fifty shillings current money for each acre, then in such case the pur- 
chaser or purchasers of such land shall pay such further sum, over and 
above what shall be the valuation of the said jury, as shall make up the 
full sum of fifty shillings like money as aforesaid for every acre, to be 
paid to sucn proprietor or proprietors as aforesaid. 

4. And he it furiher enacted, hy the authority^ advice^ and consent 
aforesaid, That after the agreement and, purchase of the commission- 
ers aforesaid, or after the assessment and return of the jury aforesaid, 
as the case shall happen, the aforesaid coinmissioners, or the major 
part of them, shall and are hereb}- required to cause the same sixty 
acres of land to be carefully surveyed, divided and laid out, by the 
surveyor of the county aforesaid, or such other person as they, or 
the major part of them, shall make choice of and appoint for that pur- 
pose, as near as conveniently may be, into eighty equal lots, allowing 
such sufficient space or quantity thereof for streets, lanes, and alleys, 
as to them shall seem meet, and the same lots, so laid out, shall num- 
ber with numbers, one, two, and three, and so to eighty, for distin- 
guishing each lot from the other; and shall cause the streets, lanes, 
and allej's, to be named and distinguished bj^ (certain names, and by 
good sufficient cedar or locust posts, to be set up as a boundary to 
each of them. 

5. And he it further enacted, hy the aiitJiority^ adrlcc, and consent 
aforesaid. That the commissioners, or the major part of them, shall 
and are hereby required to assess, set, and ascertain the price to be 
paid for each of the lots aforesaid, according to the value, conveniency, 
and situation thereof, so always that the prices of all the said lots, 
added together, may amount to the sum b}^ them agreed for, or awarded 
by the jury, for the aforesaid sixty acres of land, and no more; and 
the aforesaid sixty acres of land being so surveyed, laid out and 
divided, shall be, and is hereby, erected into a town, and shall be 
called by the name of Georgetown. 

6. And he it further enacted, That the owner or owners of the afore- 
said land shall and may have his, her, or their choice of any of the two 
lots aforesaid, to be by him, her. or them, retained for his, her, or their 
proper use, provided such choice shall be made and declared to the 
conmiissioners aforesaid, or the major part of them, within ten days 
after the survey aforesaid shall be made and completed, and not other- 
wise; and that after such choice is made, or in case no such choice 
shall be made within the ten days aforesaid, then after the expiration 
of the same ten da^'s, all persons whatsoever shall be at liberty to take 
up and purchase the same lots, paying the owner or owners aforesaid, 
or others therein interested, the price or value thereof, so as afore- 
said set and assessed by the commissioners aforesaid; and that every 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 131 

person who shall pay as aforesaid the price of the lot by him or her 
so taken up or chosen, or shall prove to the satisfaction of the said 
commissioners, or the major part of them, that he or she had tendered 
or offered to pa}^ the said price to the owner or owners aforesaid, and 
that such owner had refused to accept or receive the same, and an 
entry of such payment or tender and refusal being' made according to 
the directions hereafter mentioned, such person shall and is hereby 
declared to be, by virtue of such payment or tender and refusal, and 
entr}^ thereof made as aforesaid, and this act, full}^ and absolutely 
invested and seized of and in an estate of inheritance in fee simple of 
and in such lot, to him or her, and his or her heirs and assigns for- 
ever, without an}' deed, conveyance, or other transfer, from such 
owner or owners for the same, any statute, law, usage, or custom, to 
the contrary notwithstanding. 

7. Provided always^ That it shall not be lawful for any person to 
take up, enjoy, have, or possess, more than one of the same lots, within 
twelve months after the same are divided and laid out as aforesaid; 
provided, also, that all and every the person and persons aforesaid so 
taking up the lots aforesaid, or any of them, shall and are hereby 
obliged and required, within two years after they shall take up their 
respective lots as aforesaid, and entry thereof made as aforesaid, to 
erect, build, and linisli thereon, one good and substantial house that 
shall cover four hundred square feet of ground at the least, and that 
it be made in ever}^ respect tenantable, with one good brick or stone 
chimney thereto; and that all and every of such taker or takers up, 
who shall neglect to build as aforesaid on their respective lots afore- 
said, within the time herein for that purpose limited and appointed, 
shall lose such, and the estate of such taker up so neglecting as afore- 
said, shall from henceforth cease and determine, and such lot or lots 
so neglected to be built upon shall be subject to be again taken up by 
any other person whatsoever, which second taker up, paying to the 
commissioners aforesaid the price thereof so as aforesaid assessed, and 
entry thereof made as aforesaid, and building thereon as before directed 
within the time before limited after such second taking up, shall have 
the like estate in such lot or lots as the first takers up who shall com- 
ply with the requisites before mentioned are herein before declared to 
have, and so, toties quoties, until the same lots shall be built on and 
improved as aforesaid. 

8. And he it further tuacted^ That the money aforesaid directed to 
be paid to the commissioners aforesaid, for the lots not built on and 
improved by the first or other takers up within the time herein limited, 
shall and is hereby directed to be applied to such purposes, for the 
use and benefit of the said town, as to the said commissioners, or the 
major part of them, shall seem meet. 



132 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

9. And he it further enacted^ hy the authority aforesaid^ That the 
surveyor of the county aforesaid, or any other person whom the com- 
missioners aforesaid, or the major part of them, shall appoint to sur- 
vey and lay out the lands aforesaid, as before herein directed, shall 
make out a fair and exact plot of the town aforesaid, and survey 
thereof, whereby each lot, street, lane, and alley, ma}' appear to be 
well distinguished b}' their respective numbers and names, and the same 
plot, with a full and plain certificate thereof, shall deliver to the com- 
missioners as aforesaid, or the major part of them, to be entered and 
reposited as hereafter directed; and that the said surveyor, or other 
person appointed as aforesaid, shall have and receive for surveying 
and laying out the town afore^id, and making the plot aforesaid, the 
sum of one thousand pounds of tobacco, to be paid and allowed in the 
county lev3% and no more. 

10. And he it further' enacted^ hy the authority aforesaid^ That the 
commissioners aforesaid, or the major part of them, shall and are 
hereby required to employ some sufficient person for their clerk, and 
shall administer an oath to such clerk for the due performance of his 
office, which clerk shall and is hereby obliged to find and provide a 
good well bound book, for registering and entering the proceedings 
of the said conmiissioners in the premises, and shall duly and faith- 
fully register and enter in such book the certificate of the survey 
aforesaid, the prices of each respective lot, the name of the owner, and 
the time of its being taken up and paid for, or of the tender or refusal 
as aforesaid, and all other the transactions and proceedings of the 
aforesaid commissioners whatsoever, in and about the town aforesaid; 
which said register, together with the plot or survey of the same town, 
shall be carefully examined and inspected by the aforesaid commis- 
sioners, or the major part of them, and after the same is completed, 
shall be lodged with, and delivered to, the clerk of the same county, to 
be by him kept amongst the records of the same county. 

11. And he it further enacted^ That the said commissioners, or the 
major part of them, shall limit and ascertain what fees their clerk 
aforesaid shall have and receive for the several services by him to be 
done by virtue of this act, to be paid by the several persons taking up 
the lots aforesaid. 

12. And whereas it may be advantageous to the said town to have 
fairs kept therein, and may prove an encouragement to the back inhab- 
itants, and others, to bring commodities there to sell and vend. Be it 
enacted, That it shall and may be lawful for the commissioner.s of the 
said town to appomt two fairs to be held therein annually, the one fair 
to begin on the second Thursday in Apriland the other on the first Thurs- 
day m October, annually; which said fairs shall be held each for the 
space of three days, and that during the contiiuiance of such fair or 
fairs, all persons within the bounds of the said town shall be privileged 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 133 

and free from arrests, except for felon}' or breach of the peace, and all 
persons coming to such fair or fairs, or returning therefrom, shall have 
the like privilege of one day before the fair, and one day on their return 
therefrom; and the commissioners for the said town are hereby empow- 
ered to make such rules and orders for the holding the said fairs, as ma}^ 
tend to prevent all disorders and inconveniences that may happen in the 
said town, and such as may tend to the improvement and regulating of 
the said town in general, so as such rules, except in fair-time, affect 
none but livers in the said town, or such person or persons as shall have 
a lot or free-hold therein, any law, statute, usage, or custom, to the 
contrary notwithstanding; provided, always, that such rules and orders 
be not inconsistent with the laws of this province, nor the statutes or 
customs of Great Britain. 

13. And he it further enacted^ That the commissioners for the said 
town, or the major part of them, from time to time, and at all times, 
shall have power to remove all nuisances that they shall find in any of 
the streets or alleys of said town; provided nevertheless, that this act 
nor any thing herein contained, shall extend, or be construed to extend, 
to enable or capacitate the said commissioners or inhabitants of the 
said town to elect or choose delegates or burgesses, to sit in the gen- 
eral assembly of this province as representatives of the said town; Bxit 
it is hereby enacted^ That the commissioners or the inhabitants of the 
said town shall not elect or choose any delegate or delegates, burgess 
or burgesses, to represent the said town in any general assembly of 
this province. 

14. And he it further enacted^ That when and as often as any of the 
commissioners aforesaid shall die, or remove from the county afore- 
said, or refuse or neglect to join in the execution of this act, then, and 
in any such case, the major part of the other commissioners aforesaid 
shall choose others in the place of such who shall die, refuse, remove, 
or neglect as aforesaid, and such person or persons so chosen, shall 
have equal power to act as the other commissioners herein mentioned. 

15. And he it further enacted^ hy the authority aforesaid^ That all 
and every person and persons taking up and possessing the lots afore- 
said, or any of them, shall be, and are nereby, obliged to pay unto the 
right honorable the lord proprietary, his heirs or successors, the yearly 
rent of one penny sterling money for each respective lot by them so 
taken up and possessed, to be paid in the same manner as his land 
rents in this province now are, or hereafter shall be paid. 

16. Saving unto his most sacred majesty, his heirs and successors, 
the right honorable the lord proprietary, his heirs and successors, and 
to all bodies politic and corporate, and all persons not mentioned in 
this act, their several and respective rights, any thing in this act to the 
contrary notwithstanding. 



134 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Appendix 21. 

AN ACT for an addition to Georgetown, in Montgomery County. [Passed 2Hth 

Deceml)er, 1783.] 

Whereas Thomas Beall, son of George, of Montgomer}' county, by 
his humble petition to this g-encral assembh^ hath set forth, that ho is 
seized and possessed of part of a tract of land, called and knowii by 
the name of the Rock of Dumbarton, adjoining Georgetown, contain- 
ing sixty-one acres, which he is desirous of annexing to said town, and 
therefore prayed that a law might pass for that purpose; and it appear- 
ing to this general assembly, that to extend and enlarge the limits of 
said town will greatly contribute to promote the trade and commerce 
thereof: 

2. Be it enacted hy the General Assemhly of Maryland^ That Messieurs 
John Murdock, Richard Thompson, William Deakins, Thomas Rich- 
ardson, and Charles Beatty, be commissioners of Georgetown, or the 
major part of them, be authorized and required, at any time before 
the first day of August next, to cause the* aforesaid parcel of land, or 
such part thereof as they may think necessary, to be surve3^ed and 
laid out into lots, streets, lanes, and alleys, at the proper cost and 
expense of the said Thomas Beall, in such manner as to the said com- 
missioners, or a major part of them, shall appear convenient. 

3. And he it enacted, That the commissioners aforesaid, or a maj or 
part of them, shall, on or before the said first daj" of August next, 
cause a correct and accurate survey and plot to be made of the said 
land, and of all the lots, streets, lanes and alleys, which shall be laid 
out in virtue of this act; and the said plot shall be recorded amongst the 
records of the said county, as soon as conveniently may be thereafter, 
there to remain as evidence of the boundaries, situation, and k)cation 
of the said lots, and of the streets, lanes, and alleys; which said streets, 
lanes, and alleys, hereafter to be laid out in pursuance of this act, shall 
be highways, and be so deemed and taken to all intents and purposes 
whatsoever; and when the same shall be done, the said land, so sur- 
ve3'ed and laid out, shall be, and is hereb}^ declared to be, part of 
Georgetown, as fully and amply, as if originally included therein, and 
shall have the same immunities and privileges as the rest of the said 
town hath, or by former laws ought to have; saving to the state of 
Maryland, and all bodies politic and corporate, and all persons not 
mentioned in this act, their several and respective rights. 



Appendix 22. 

AN ACT for an addition to (ieorgetown, in Montgoniory County. [Passed 22d 

.January, 17S5.] 

Whereas Robert Peters, William Deakins, junior, Charles Beatty, 
and John Threlkeld, of Georgetown, by their humble petition to this 
general assembly have set forth, that they have agreed to lay out, as an 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 135 

addition to Georgetown, twenty acres and eighteen thirty seconds of 
an acre of ground, being part of the following tracts of land, to wit: 
one acre and twenty-six thirty seconds of an acre, part of a tract of 
land called Frogland, the property of the aforesaid Charles Beatty, 
two acres and one thirty second of an acre, part of a tract of land 
called Discoyery, the property of the aforesaid Robert Peters, thirteen 
acres and twenty-nine thirty seconds of an acre, part of a tract of land 
called Conjuror's Disappointment, the property of the aforesaid AVil- 
liam Deakins, junior, and three acres twenty-six thirty seconds of an 
acre, part of a tract of lands called the Resurvey on Salop, the prop- 
erty of the aforesaid John Threlkeld, into sixty-live lots, and a sufficient 
number of streets, as appears by the plot of the actual survey thereof, 
made b}^ the said Francis Deakins on the first day of September, in 
the year of our Lord one thousand seven hundred and eighty-four; 
and the said Robert Peters, John Threlkeld, William Deakins, jr. and 
Charles Beatty, have prayed that an act may pass confirming the same 
as an addition to Georgetown, and establishing the boundaries thereof 
as now laid down by the survey and plot aforesaid, and granting to 
those who shall be proprietors of the lots fronting on the north side of 
Water-street, the exclusive right to the ground and water on the south 
side thereof, for the sole purpose of making wharves, without being 
allowed- to erect any buildings thereon, and vesting a power in the 
commissioners of Georgetown to improve, by wharves for the public 
good, the land and water fronting Frederick, Fayette, and Gay streets; 
and it appearing- to this general assembly, that extending the limits of 
the said town will greatly contribute to the promotion of the trade and 
commerce thereof, and be of general utility; therefore, 

2. Be it enacted hy the General Assernhly of Maryland, That the said 
parts of the tracts of land herein before mentioned and described, and 
laid out into sixty -five lots and a sufficient number of streets, as delin- 
eated on the plot of the survey thereof, made by Francis Deakins on 
the first day of September, in the year of our Lord one thousand 
seven hundred and eighty -four, be, and the}'' are hereby declared to 
be, part of Georgetown aforesaid, and shall have, possess, be entitled 
to, and enjoy, to all and every intent and purpose, all the immunities, 
privileges, and advantages, which do or shall appertain to the said 
town, as fully and amply, in every respect, as if the same had been 
originally' part thereof and included therein; and the said lots and 
streets, surveyed and laid out in manner herein before set forth, shall 
be, and they are hereby, established and confirmed, according to the 
delineation and description of the same on the plot of the survey 
thereof by Francis Deakins, herein before referred to, and in all dis- 
putes and controversies which may or shall hereafter happen or arise 
respecting the location of the said lots and streets, the said plot, the 
bounds and lines therein referred to being proved, shall be conclusive 



136 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

evidence between the parties at whose instance this act is passed, and 
all claiming- under them. 

3. And he it further enacted^ That the proprietors of the lots fronting 
on the north side of Water-street, shall have and enjo}^ the exclusive 
right to the ground and water on the south side of their respective 
lots, for the sole purpose of making wharves, but they shall not be 
allowed to erect any buildings on the wharves so to be made by them. 

4. And he it further enacted. That it shall and maj^be lawful for the 
commissioners of Georgetown, or the major part of them, and they 
are hereby empowered, to make and erect wharves on the ground and 
water fronting on Frederick, Fayette, and Gay-streets, for the public 
good, which said wharves shall be for the use and convenience of all 
vessels trading to the said town, without paying wharfage or any duty 
or imposition whatever, for using the same. 

5. And he it further enacted. That for the safe keeping and preser- 
vation of the said plot of the said addition to Georgetown, the same 
shall be deposited with the commissioners of the said town, who are 
hereby directed to receive the said plot, and take care thereof. 



Appendix 23. 

AN ACT to incorporate Georgetown, in Montgomery County. [Passed 25th Decem- 
ber, 1789.] 

Be it enacted hy the General Assemhly of Ma7'yJand, That George- 
town, in Montgomery county, shall be, and hereby is, erected, consti- 
tuted, and made, an incorporate town, consisting of a mayor, recorder, 
six aldermen, and ten other persons to be common councilmen of the 
said town, which said mayor, recorder, aldermen, and common council- 
men, shall be a bod}" incorporate and one community forever, in right and 
by the name of the Mayor Recorder, Aldermen, and Common Council, of 
the said town, and shall be able and capable to sue and be sued at law, 
and to act and execute, do and perform, as a body incorporate, which 
shall have succession forever, and to that end to have a common seal, 
and the same to change and alter at their pleasure; and Robert Peter, 
Esquire, one of the inhabitants of the said town, shall for the present 
be, and hereb}- is appointed mayor of the said town for the next 3'ear, 
to commence on the fifth day of January next; and John Mackall 
Gantt, Esquire, shall be, and hereby is, appointed recorder of the said 
town; and Brooke Beall, Bernard On(>aIe, Thomas Beall, of George, 
James Maccubbin Lingan, John Threlkeld, and John Peter, Esquires, 
inhabitants of the said town, shall be, and hereby are, appointed alder- 
men of the said town so long as thej^ shall well behave themselves 
therein. 

2. And he it enacted^ That all free men above twenty-one years of 
age, and having visible property within the state above the value of 



aOVERNMENT OF THE DISTRICT OF COLUMBIA. 137 

thirty pounds current raonej', and having resided in the said town one 
whole year next before the first day of January next, shall have a 
right to assemble at such place in the said town as the said mayor, 
recorder, and aldermen, or any three or more of them, shall appoint, 
and when assembled, they shall proceed to elect, viva voce^ ten per- 
sons, residents of the said town one whole year next before the said first 
day of January next, above twentj'^-one years of age, and having visi- 
ble property within the state above the value of one hundred pounds 
current money, to be common council of the said town for so long 
time as they shall well behave themselves,'^ and the said mayor, 
recorder and aldermen, or any three or more of them, shall be judges 
of the said election, and the ten persons who shall have the greatest 
number of legal votes upon the final casting up of the polls, shall be 
declared duly elected. 

3. And, to perpetuate the succession of the said mayor, recorder, 
aldermen and common council, in all time to come. Be it enacted^ That 
the said mayor, recorder, aldermen and common council, shall assem- 
ble at some convenient place in the said town upon the first Monday in 
January, seventeen hundred and ninety -one, and on the same day for 
ever thereafter, and shall elect, b}' the majoritj^ of votes of such of them 
as shall be then present, one other of the aldermen of the said town for 
the time being, to be mayor of the said town for the ensuing year; and 
upon the death or removal of the said mayor, or of the recorder or any 
aldermen of the said town, and within one year after any such event, 
such of the said persons as shall be alive, or the major part of them, shall 
assemble at some convenient place in the said town, and elect, by a 
majoritj' of votes, some other person or persons to be mayor, recorder, 
alderman or aldermen, of the said town, in the place of such person or 
persons, so deceased or removed respectively, as the case shall require, 
so as the said mayor, so to be elected, be at the time of such election 
actually one of the aldermen of the said town,* and so as the said 
recorder, so to be elected, be a person learned in the law, and so as 
the said alderman and aldermen, so to be elected, be actually, at the 
time of such election, of the common council of the said town; and in 
case of the election of any of the common council to be an alderman, 
the vacancy shall be filled up b}^ an election, at such time, (not less 
than five days thereafter,) as the said mayor, recorder, and aldermen, 
or any three or more of them, shall appoint, by the residents of the 
said town qualified as hereinbefore directed and required in the first 
election of the common council then for the said town. 

4. And he it enacted^ That the mayor, recorder, and aldermen, hereby 

a By 1797, ch. 56, so much of this section as continues the powers of the common 
council during good behaviour, is repealed, and they are thereafter to be elected to 
serve for two years. The elections to be on the first Monday in February. 

& By 1797, ch. 56, section 5, this restriction is taken off, and any citizen of George- 
town may be chosen Mayor. 



138 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

appointed, or hereafter to be elected, shall be justices of the peace 
within the said town and precincts thereof, having first taken the oath 
appointed b^' law to be taken b}' justices of the peace. 

5. And he it enacted^ That the said mayor, recorder, and aldermen, 
hereby appointed, or hereafter to be elected, or any three or more of 
them, shall have within the said town, or the precincts thereof, full 
power to elect a sheriff, and to appoint constables and other necessary 
officers for the said town. 

6. And, he it enacted. That the said mayor, recorder, aldermen, and 
common council, of the said town, for the time being, shall have full 
power and authority to make such by-laws for the regulation and good 
government of the said town and precincts, and the inhabitants thereof, 
and to restrain all disorders and disturbances, and to prevent all nui- 
sances, inconveniences, and annoyances, within the said town and its 
precincts, and other matters, exigencies, and things, within the said 
town and precincts, as to them, or a major part of them, shall seem 
meet and consonant to reason, and not contrary to the constitution and 
laws of this state; and the said by-laws shall be observed, kept, and 
performed, by all the inhabitants of the said town and its precincts, 
and all persons trading therein, under such reasonable penalties, fines, 
and forfeitures, as shall be imposed by the said by-laws, not exceeding 
seven pounds ten shillings current mone}', or twenty dollars; the said 
penalties, fines, or forfeitures, to be levied b}' distress and sale of the 
goods, or execution of the person so offending, and applied to the use 
of the said town. 

7. And, to defray the expenses of the said corporation, Be it enacted. 
That it shall be lawful for the said mayor, recorder, aldermen, and 
common council, of the said town, by by-laws made for the purpose, 
to impose any sum, not exceeding two shillings and six-pence" current 
money in any one 3^ear, on every hundred pound of property within 
the said town. 

8. And he it enacted. That the mayor, recorder, and aldermen, of 
the said town, or any five or more of them, be authorized from time 
to time, as often as they think it necessary, to cause a correct survey 
of the said town, and the additions thereto, to be made, and to estab- 
lish and fix permanent boundaries and stones at such places as they 
think it necessary, with proper marks and devices thereon, to ascer- 
tain and perpetuate the true lines of the said town and the additions 

« Increased to seven shillings and six-pence by 1797, ch. 56. 

By 1799, ch. 85, they may oblige persons licensed as ordinary-keepers or retailers 
within the corporation, to pay a sum not exceeding five dollars to the corporation 
The mayor's court to have the sole power of granting such licences, and to receive 
the sums due therefor to the state, in addition to those imposed by them, for the pay- 
ment <jf which the mayor is to give bond, with security, as the county clerks are 
directed to do. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 139 

thereto; and the said mayor, recorder, and aldermen, or any five or 
more of them, be authorized from time to time to survey and ascer- 
tain the streets, lanes, and alleys, of the said town and the additions 
thereto, and to declare the same, and to adjudge as nuisances an}' 
encroachments thereon; and the said ma3^or, recorder, and aldermen, 
or an}^ five or more of them, are also authorized and required, on the 
application and at the expense of the proprietors, or the guardians of 
infant proprietors, of any lot in the said town or the additions thereto, 
to survej^, alter, amend, or la}" out anew, any of the streets, lanes, 
and alleys, running through the ground of such proprietors, so as to 
make the streets, lanes, and alleys, throughout every part of the said 
town and the additions thereto, to correspond and communicate with 
each other as near as may be; provided that any street, lane, or alley, 
when altered, amended, or made anew, shall not run through the 
ground of any person without his consent." 

9. And he it enacted^ That the mayor, recorder, and aldermen, or 
any three or more of them, shall hold a court in the said town, to be 
called the Mayor's Court, and in court they may make proper ofticers, 
and settle reasonable fees, not exceeding what are or shall be allowed 
by law in the county courts of this state. 

10. And he it enacted, That the mayor, recorder, or any aldermen of 
the said town, shall have the same jurisdiction as to debts as any jus- 
tice of the peace of any county of this state now hath, or shall here- 
after have by law, and an appeal shall lie in the same manner from 
their judgment to the mayor's court, as from the decision of any county 
justice to the county court, and such appeal shall be regulated, prose- 
cuted, and determined, by the said mayor's court, in the same mode as 
is or shall be directed by law in the case of an appeal from the deter- 
mination of a single justice to the county court. 

11. And he it enacted, That the said mayor's court shall have concur- 
rent jurisdiction with the county court of Montgomery county in all 
criminal cases, except such as afl^ect life, or member, if such crimes or 
offences be committed within the said town, or the precincts thereof, 
by any inhabitant thereof, or by any person not a citizen of this state; 
and any fine, penalty, or forfeiture, recovered in the said mayor's 
court, shall be paid and applied in the same manner as if recovered in 
the county court of the said county; and the mayor, recorder, and any 
alderman, shall have jurisdiction touching and concerning any such 
crime, to arrest and bind over to answer therefor in the said mayor's 
court. 

12. And he it enacted. That the said mayor, rec^order, aldermen, and 
common council, or the major part of them, shall have power to 

«By 1799, ch. 85, the clerk of Montgomery county is directed to deliver to the 
order of the mayor the book in his office containing the plan of Georgetown, to be 
deposited with the clerk of the mayor's court. 



140 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

appoint an inspector or inspectors of flour for the said town, and to 
fix his or their allowance; provided that the same shall not exceed 
three-pence current money per barrel. 

13. And he it enxicted^ That all that part of Montgomery county lying 
within one quarter of a mile of the limits of the said town, and the 
additions thereto, and all that space of water of Potomac River adjoin- 
ing the said town on all the shores thereof, and used as the harbour, as 
far unto the said river as the middle thereof, shall be considered as the 
precincts of the said town, and within the jurisdiction of the ma3'or, 
recorder, aldermen, and common council of the said town, and subject 
to their by-laws and regulations, and within the jurisdiction of the 
mayor, recorder, or any alderman of the said town, as before men- 
tioned and limited by this act. 

14. And he It enacted^ That all property belonging to the commis- 
sioners or trustees of Georgetown shall be, and the same is hereby, 
transferred and vested in the mayor, recorder, aldermen, and common 
council of the said town, and their successors, forever, for the use and 
benefit of the said town. 

Several additional powers are given by 1797, ch. 56. 



Appendix 24. 

MR. Madison's views in the federalist as to exclusive jurisdic- 
tion BY CONGRESS AND AS TO THE SENTIMENT RESPECTING THE EXER- 
CISE OF SUFFRAGE BY THE INHABITANTS OF THE DISTRICT. 

[Report on Education in the District of Columbia, published by the House of Representatives January 

17, 1870, page 175.] 

The indispensable necessity of complete authority at the seat of 
government carries its own evidence with it. It is a power exercised 
by eveiy legislature of the Union, I might say of the world, by virtue 
of its general supremacy. Without it, not only the public authority 
might be insulted and its proceedings be interrupted with impunity, 
but a dependence of the members of the General Government on the 
State comprehending the seat of the government for protection in the 
exercise of their duty might bring on the national councils an imputa- 
tion of awe or influence equally dishonorable to the Governm'ent and 
dissatisfactory to the other members of the confederac3\ This con- 
sideration has the more weight as the gradual accumulation of public 
improvements at the stationary residence of the government would be 
both too great a public pledge to be left in the hands of a single State 
and would create so many obstacles to a removal of the Government as 
still further to abridge it3 necessary independence. The extent of this 
Federal district is suflSciently circumscribed to satisfy every jealousy 
of an opposite nature. And as it is to I)e appropriated to this use with 
the consent of the State ceding it; as the State will no doubt provide 
in the compact for the rights and the consent of the citizens inhabiting 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 141 

it; as the inhabitants will find sufficient inducements of interest to 
become willing parties to the cession; as they will have had their voice 
in the election of the government which is to exercise authority over 
them; as a municipal legislature for local purposes derived from their 
own suffrages will of course be allowed them; and as the authority of 
the legislature of the State, and of the inhabitants of the ceded part 
of it, to concur in the cession will be derived from the whole people of 
the State in their adoption of the Constitution, every imaginable objec- 
tion seems to be obviated. 



THE PRESENT FORM OF GOVERNMENT FOR THE DISTRICT OF COLUMBIA. 

The present local government of the District of Columbia is a 
municipal corporation having jurisdiction coincident with the terri- 
tory which "was ceded b}'- the State of Maryland to the Congress of 
the United States for the permanent seat of the Government of the 
United States" (20 Stats., 102), and which had been subject to the two 
municipal governments immediately preceding it. 

This government is administered by a board of three Commissioners, 
having in general equal powers and duties. Two of them, who must 
have been actual residents of the District for three years next before 
their appointment, and have during that period claimed residence 
nowhere else, are appointed from civil life by the President of the 
United States, and confirmed b}' the Senate of the United States, for 
a term of three years each, and until their successors are appointed 
and qualified. Attorney-General Devens rendered an opinion July 7, 
1880, that the term of office of any Commissioner appointed from civil 
life, whose predecessor shall or shall not have served a full term of three 
years, is three years from the date of his appointment and until his 
successor shall be appointed and qualified, and not for the unexpired 
part of such predecessor's term. The other Commissioner is detailed 
from time to time by the President of the United States from the 
Engineer Corps of the United States Arm}^ and shall not be required 
to perform any other duty. (20 Stats. , 103.) The act of June 11, 1878, 
prescribes that the Commissioner so detailed shall have lineal rank 
above that of captain; but this requirement is qualified by the joint 
resolution approved December 24, 1890 (26 Stats., 1113), which pro 
vides that he — 

may, in the discretion of the President of the United States, be detailed from among 
the captains or officers of higher grade having served at least fifteen years in the 
Corps of Engineers of the Army of the United States. 

Three officers of the same corps, junior to said Commissioner, may 
be detailed to assist him by the President of the United States. (28 
Stats., 246.) 

The senior officer of the Corps of Engineers of the Army who shall 
for the time being be detailed to act as assistant (and in case of his 



142 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

absence from the District or disability, the junior officer so detailed) 
shall, in the event of the absence from the District or disability of the 
Commissioner who shall for the time being be detailed from the Corps 
of Engineers, perform all the duties imposed l)y law upon said Com- 
missioner. (26 Stats., 1113.) 

It has been the unvarying practice of the Presidents to appoint one 
of the civil Commissioners from each of the two most prominent 
national political parties, but there is no statutory provision on the 
subject. 

SALARY AND BOND OF COMMISSIONERS. 

The salary of each of the Commissioners is $5,000 per annum. The 
two Commissioners appointed from civil life give bond to the United 
States in the sum of $50,000 each. (20 Stats. , 103 ; 21 Stats. , 460.) No 
bond is required of the Commissioner detailed from the Corps of 
Engineers. 

OATH OF OFFICE OF COMMISSIONERS. 

Each of said Commissioners shall, before entering upon the dis- 
charge of his duties, take an oath or affirmation to support the Con- 
stitution of the United States and to faithfully discharge the duties 
imposed upon him by law. (20 Stats., 103.) 

PRESIDENT OF THE BOARD. 

One of said Commissioners shall be chosen president of the Board 
of Commissioners at their first meeting, and annuall}^ and whenever a 
vacancy shall occur thereafter (20 Stats., 103). (See list of Commis- 
sioners and presidents of the board (pp. 210, 211). 

QUORUM. 

Any two of the Commissioners of the District of Columbia, sitting 
as a hoard, shall constitute a quorum for the transaction of business 
(26 Stats., 1113). 

SUBDIVISION OF DUTIES. 

For the purpose of facilitating the administration of the various 
municipal afi'airs, the Commissioners have arranged their duties in sub- 
stantially three groups, and have assigned a several one of these groups 
to the immediate supervision of each Commissioner, whose recommen- 
dations on the matters so allotted to him are ultimate!)' acted upon by 
himself and his colleagues as a board. 

EX OFFICIO DUTIES OF COMMISSIONERS. 

One of the Commissioners is ex officio a member of the board of 
trustees of the Reform School for Boys (21 Stats., 156), and one an 
ex officio trustee of the Columbia Hospital for Women and Lying-in 
Asylum (ib,, 157). 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 143 

POWER OF APPOINTMENT AND REMOVAL. 

The Commissioners are authorized to abolish any office, to consoli- 
date two or more offices, reduce the number of employees, remove 
from office, and make appointment to any office under them authorized 
by law. 

GENERAL DUTIES OF COMMISSIONERS. 

The Commissioners are in a general wa}^ vested with jurisdiction 
covering all the ordinary features of municipal government. 

Although Congress is vested with exclusive legislative authority in 
the District of Columbia, it has by sundry statutes empowered the 
Commissioners to make building regulations; plumbing regulations; 
to make and enforce all such reasonable and usual police regulations 
as they may deem necessary for the protection of lives, limbs, health, 
comfort, and quiet of all persons, and the protection of all property 
within the District, and other regulations of a municipal nature. 
The Commissioners have from time to time exercised the duty so 
devolved upon them. 

COMMISSIONERS NOT TO INCUR UNAUTHORIZED OBLIGATIONS. 

In the exercise of their duties, power, and authority they must 
make no contract nor incur any obligation other than such contracts 
and obligations as shall be approved bv Congress (20 Stats., 103). 

ESTIMATES. 

The Commissioners are required to submit to the Secretary of the 
Treasury of the United States, on or before October 15 of each year, 
an estimate of the amount necessary to defray the expenses of the gov- 
ernment of the District of Columbia for the next fiscal year, which the 
Secretary of the Treasury shall transmit to Congress with a statement 
as to the extent to which said estimates have his approval. (20 Stats., 
104; 23 Stats., 254; 31 Stats., 1009.) 

SOURCES OF REVENUE. 

The organic act declares that "To the extent tt) which Congress 
shall approve of said estimates. Congress shall appropriate the amount 
of 50 per cent thereof; and the remaining 60 per cent of such approved 
estimates shall be levied and assessed upon the taxable property and 
privileges in said District other than the property of the United States 
and of the District of Columbia." (20 Stats., 104.) 

The several specific sources of revenue other than the amount derived 
from the United States, as its proportionate share of the expenses of 
the District government, and including special assessments, are sub- 
stantialh^ as follows: 

Methods of Taxation in the District of Columbia. 
assessment officials. 
Assessments of both real and personal propert}^ are made bv the 
assessor and a board of five (act of Juh^ 1, 1902, and 28 Stat., 282) 
74986—09 10 



144 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

assistant assessors, three of said board being designated bj^ the assessor 
to act as the assessors of real estate and as the excise board, and the 
two other members of said board designated bj^ the assessor to com- 
pose the board of personal-tax appraisers. All five members of said 
board of assistant assessors, together with the assessor, chairman, con- 
stitute the board of equalization and review of real-estate assessments 
and also the board of personal-tax appeals. The assessor, however, 
acts as chairman ex officio of the several boards aforesaid. The 
assessor and the members of the board of assistant assessors are 
appointed by the Commissioners, but may hot be removed except for 
inefficiency, neglect of duty, or malfeasance in office. The members 
of the board of assistant assessors are required to perform such other 
official duties as the assessor ma}^ from time to time direct. (28 Stat., 
282; 32 Stat., pt. 1, 617.) 

The salary of the assessor is $3,500 per annum and that of each of 
the members of the board of assistant assessors $3,000 per annum (28 
Stat., 282, and act of July 1, 1902). The assessor is required to fur- 
nish bond in the sum of $10,000 (30 Stat., 6i)6), and each member of 
the board must, before entering upon his duties, take an oath to dili- 
gently, faithfully, and impartially perform the duties imposed upon 
him (28 Stat., 282). 

IHStlE OF LIQUOR LICENSES. 

No place of business shall be licensed for the selling of intoxicating 
beverages, Iw wholesale or retail, within four hundred feet of a public 
school, private school, or house of religious worship, except (as the 
Commissioners are advised by the corporation counsel) in case of 
hotels having twenty-five rooms for guests and duly incorporated 
clubs. A further condition precedent to the issue of a retail dealer's 
license is that a majority of the owners of and residents on the side 
of the square where it is proposed to locate such place of business, and 
of the confronting side of the opposite square, must first consent 
thereto in writing, and the officer in charge of the police precinct in 
which the proposed place of business is to be shall have certified that 
the signatures to such consent are genuine and that a majority of the 
residents have given their consent. 

ASSESSMENT OF REAL PROPERTY. 

Real estate is assessed triennially (28 Stat., 282) at not less than 
two-thirds of its true value (32 Stat., pt. L, 616), by the board of three 
assistant assessors (28 Stat., 282). This assessment must be completed 
on or before the first Monday of January in each third year and return 
of the same made to the assessor, together with all maps, field books, 
surveys, plats, and all notes and memoranda concerning said assess- 
ment. The assessment must ])e made ])y said assessors from actual 
view and from the best sources of information obtainable. 

The assessment then passes to the board of equalization and review, 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 145 

composed of the assessor, chairman, and five (32 Stat., pt. 1, 617, and 
28 Stat., 284) assistant assessors. This board convenes on the first 
Monday of January (28 Stat., 284), and continues in session until 
review of the assessment is completed, which must be, as nearly as 
practicable, by the first Monday of June in each third year. Public 
notice of the time and place of such meeting must be given by publi- 
cation for two successive days in two daily newspapers in the District 
of Columbia. The members of the said board are authorized to 
administer oaths or afiirmations, to summon, through the ofiicers of 
the Metropolitan police force, an}^ person to appear before said board 
to testify touching matters pertaining to the assessment, such witnesses 
being allowed the same fees as paid in civil actions before the supreme 
court of the District of Columbia. 

Any person summoned and examined, as aforesaid, and knowingly 
making false oath or affirmation is considered guilty of perjury, and 
upon conviction thereof may be punished according to laws for pun- 
ishment of perjury. (28 Stat., 285.) 

An}^ three members of said board shall constitute a quorum for busi- 
ness, and in the absence of the assessor a temporary chairman may be 
selected. It is the duty of the board of equalization and review to 
hear appeals from property owners, and to fairly and impartially 
equalize, as a basis for taxation, the values placed upon real property 
by the board of assistant assessors. In reaching their determination 
they may raise the valuations of such tracts or lots as, in their opinion, 
may have been returned below their value, and reduce the valuations 
of such as they may believe to hav^e been returned above their value, 
to such sums as, in their opinion, may be the value thereof. Upon 
completion of the duties of the board of equalization and review the 
assessment must be approved by the Commissioners of the District of 
Columbia, after which approval it becomes the basis of taxation for 
the ensuing three years. (28 Stat., 284.) 

Annually, on or about the 1st of July, the board of assistant assessors 
is required to make a list of all real property which shall have become 
subject to taxation, and which is not then on the tax list, and to fix 
the valuation thereof according to the rules prescribed for assessing 
real estate. They are also required to make a return of all new struc- 
tures erected or roofed, and additions to, or improvements of, old 
structures of over $500 in value, which shall not have been theretofore 
assessed, specifying the tract or lot on which each of such structures 
shall have been erected and the value of such structure, and they shall 
add such valuation to the assessment made of such tract or lot. When 
improvements on any tract or lot become damaged or destroyed, the 
board is required to reduce the assessment on such property to the 
extent of such damage. 

Appeals from these yearly assessments are heard by the board of 



146 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

equalization and review })etween the first and third Mondays of July 
of each year. 

If the board of assistant assessors shall ascertain that an}' real prop- 
erty has been omitted from assessment for any previous year or years, 
or has been so assessed that the assessment was void, they must at 
once reassess such property for each year of such omission and report 
the same, through the assessor, to the collector of taxes, who is required 
to at once proceed to collect the taxes so in arrears as other taxes are 
collected. However, no property which has escaped taxation is liable 
for a period of more than three years prior to assessment, except in 
the case of propert}^ involved in litigation. (28 Stat., 284.) 

Whenever a subdivision of any real property is made and recorded 
with the surveyor of the District the board of assistant assessors must 
reassess the property so subdivided, and the tax on such reassessment 
is due and payable at the semiannual payment of taxes next ensuing. 
(32 Stat., pt/l, 616.) 

KATE OF TAXATION. 

The rate of annual taxation on real and personal property is uni- 
formly, throughout the District of Columbia, li per cent. (lb., 616, 
618.) " 

BOOKS OP ASSESSMENT. 

The books of assessment are prepared by the assessor before the 
1st day of November in each year, and upon completion thereof the 
assessor is required to make a statement showing the total amount of 
the assessment of both real and personal property and the total amount 
of taxes to be collected under said assessments; which statement must 
be receipted by the collector of taxes, in triplicate, and said collector 
is held responsible, und'^r his bond, for all such taxes, except such as 
he may not be able to collect after fully complying- with the require- 
ments of law. The original receipt of said assessment and taxes must 
be forwarded by the assessor to the First Comptroller of the Treasury, 
the duplicate to the auditor of the District of Columbia, and the trip- 
licate is to be retained by the collector, who shall give newspaper 
notice that he is ready to receive taxes. (20 Stat., 105; 27 Stat., 13.) 

All real property must be assessed in the name of the owner or 
trustee or trustees of the owner thereof. All undivided real property 
of a deceased person may be assessed in the name of such deceased 
person until the same is divided according to law, or otherwise passed 
into the possession of some other person or persons, and all real prop- 
erty the ownership of which is unknown shall be assessed "'Owner 
unknown." (28 Stat, 282.) 

TAX BILLS. 

All general tax ])ills must be prepared under the direction of the 
assessor. (27 Stat., 13.) By order of the Commissioners, all special 
assessment and water-main tax bills are also prepared under his 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 147 



DATE OP PAYMENT OF TAXES. 



Taxes on realty are levied bj^^ fiscal years and are payable one-half 
in November, at the option of the owner, no penalty accruing for fail- 
ure to pay said half until the whole tax becomes due in the following- 
May. For failure to pay before the 1st of June, 1 per cent per month 
penalty is chai-ged. (Act of February 14. 1902.) 



PUBLIC INSPECTION OP RECORDS. 

The assessor is required to have the records of his office open to the 
inspection of the public, free of charge, at such time or times as the 
public interest will permit. (Act of July 1, 1902.) 

EXEMPTIONS OP REAL PROPERTY. 

The act of Congress approved March 3, 1877, made the following 
provisions as to exemptions from taxation: 

That the property exempt from taxation under this act shall be the following 
and no other, namely, first, the Corcoran art building, free public library buildings, 
churches, the Soldiers' Home, and grounds actually occupied by such buildings; 
secondly, houses for the reformation of offenders, almshouses, buildings belonging 
to institutions of purely public charity conducted without charge to inmates, profit, 
or income; cemeteries dedicated and used solely for burial purposes and without 
private income or profit; but if any portion of any such building, house, grounds, 
or cemeteries so in terms excepted is larger tlian is absolutely required and actually 
used for its legitimate purpose and none other, or is used to secure a rent or income, 
or for any business purpose, such portion of the same, or a sum equal in value to 
such portion, shall be taxed against the owner of said building or grounds (19 Stat., 
399, 402. ) {See also act of June 17, 1870, 16 Stat., 153. ) 

This has been modified by the act of July 1, 1902, which provides: 

That hereafter property used for educational purposes that is not used for private 
gain shall be exempt from taxation, and all other property used for educational pur- 
poses shall be assessed and taxed as other property is assessed and taxed. ( 32 Stat. , 616. ) 

And by District appropriation law of March 3, 1903, as follows: 
And hereafter no property except that of the United States or the District of Colum- 
bia and property owned by foreign governments for legation purposes shall be exempt 
^rom assessments for improvements. (32 Stat., pt. 1, 961.) 

Orphan asylums, etc., exempt from water tax (30 Stat., 543); C. and O. Canal (4 
Stat., 796, 802); Oak Hill Cemetery (9 Stat., 775, sec. 10). 

SALES FOR DELINQUENT TAXES. 

The assessor is required to annually prepare a list of taxes on real 
property in arrears on the 1st day of July. The Commissioners must 
fix a date of sale and publish the list with notice of sale in a pamphlet, 
of which not less than 2,000 copies must be printed for distribution to 
taxpayers applying therefor. The Commissioners must also give 
notice by advertisement, twice a week for three successive weeks, 
beginning on the third Monday of February of each year, in three 
daily newspapers published in the District, that the pamphlet has been 
printed &,nd that a copy there(jf will be given to any taxpayer appl)'- 
ing therefor at the office of the collector of taxes. In said pamphlet 
a description of property sufficient to identify the same is considered 
a DroDer descrintion. The exnenses of advertisinp- and Drintinir of 



148 GOVEENMENT OF THE DISTRICT OF COLUMBIA. 

pamphlet are paid b\' a charge of 50 cents for each lot or piece of 
property advertised. 

If the taxes due, together with penalties and costs, shall not have 
been paid prior to date of sale, the property must be sold by the col- 
lector of taxes, under direction of the Commissioners, at public auction 
in the collector's office, said sale commencing at least three weeks after 
first publication of said notice and continuing each day (Sundays and 
holidays excepted) until all said delinquent property is sold. 

The collector must require from every purchaser a deposit sufficient, 
in his judgment, to guarantee a full and final settlement for such pur 
chase. Every purchaser other than the District of Columbia shall 
pay the full amount of his bid, including surplus, if any, to the col- 
lector within five da^ys after last day of sale, and if such payment is 
not made within time specified, deposit of person so failing to pay 
shall be forfeited to the District of Columbia, and collector shall issue 
certificate of sale for such property to the next highest bidder; and if 
the latter shall not pay the amount of his bid within two days there- 
after, the sales upon which the bids were made shall be set aside by the 
Commissioners, and the property shall be considered as having been 
bid in in the name of the District of Columbia. 

In case no other person bids, or bids are insufficient to cover amount 
of taxes due, together with penalties and costs, the collector shall bid 
the amount due, together wnth penalties and costs, and purchase it for 
the District; but property so bid in for the District of Columbia is not 
thereafter exempt from ttixation. Failure on the part of the District 
to enforce the liens thus acquired does not release propert}^ from anj" 
tax that may be due the District. 

Immediately after close of sale, upon payment of purchase money, 
the collector must issue to all purchasers certificates of sale, and if the 
property is not redeemed from said sale within two years from last day 
thereof by payment to the collector for the use of the holder of the 
certificate the amount for which property was sold, exclusive of sur- 
plus, and 12 per cent per annum thereon, a deed must be given by the 
Commissioners to the holder of the certificate, which deed is admitted 
to be prima facie evidence of a fee-simple title. No deed, however, 
can be issued until all taxes and assessments due on the property are 
paid, including taxes for which the District purchased property at tax 
sale. Nor must said deeds be executed if it shall l)e discovered that 
sales were for any cause invalid and ineflectual to pass title to prop- 
erty sold, in which case the Commissioners must cancel the sale and 
refund the purchase money with H per cent per annum interest, 
together with the surplus, if an}-. 

If any conveyance made by the Commissioners of property sold for 
taxes shall be set aside by the court, the party in whose favor the 
decree is rendered must pay to the party holding the conveyance the 
amount paid for such taxes and conveyances, with interest at 6 per 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 149 

cent per anoum. When any tax sale is for any reason set aside or 
canceled, the property embraced in said sale may be readvertised and 
sold at the tax sale next ensuing. 

Minors and other persons under legal disability are allowed one year 
after attaining age or after removal of such disabilit}" to redeem prop- 
erty sold or bid oil by the collector of taxes b}- payment of the amount 
of purchase money with 8 per cent per annum interest, together with 
all taxes and assessments that have been paid thereon by the purchaser 
between the date of sale and date of redemption with 8 per cent per 
annum interest on the amount of such taxes and assessments. 

Property sold as aforesaid is redeemable from said sale at any time 
within two years after last daj^ of sale by payment to the collector of 
taxes, for the use of the holder of the certificate, the sum mentioned 
therein, exclusive of surplus, with interest thereon at 12 per cent per 
annum after date of such certificate. 

DISPOSAL OF SURPLUS. 

Any surplus remaining after collection of tax, penalty, etc., must be 
deposited by the collector to the credit of the surplus fund, to be paid 
to owner or owners of property in the same manner as other payments 
made by the District, but if any property sold as aforesaid is redeemed 
from sale witliin the time allowed, the surplus collected at time of sale 
must be paid to holder of certificate. 

LIST OF SALES TO BE FILED WITH RECORDER OF DEEDS. 

The coUectpr is required, within twenty days (exclusive of Sundays 
and holidays) after last day of sale, to file with the recorder of deeds 
a written report stating property sold other than that sold to the Dis- 
trict of Columbia, to whom it was assessed, taxes due, to whom sold, 
amount paid, date of sale, cost of sale, and surplus, if any. 

SALE OF PROPERTY BID IN BY THE DISTRICT. 

If property bid in for the District of Columbia shall not have been 
redeemed within two years from last day of sale by payment of taxes, 
penalties, and costs due at time of sale, and 8 per cent per annum 
thereon, the Commissioners ma}^ sell said property at public or private 
sale, and issue to the purchaser a deed, which shall have the same force 
and efl[ect as the deed provided for property sold at regular annual sale. 

The collector of taxes ma} , at any time before expiration of time 
allowed for redemption of property bid in for District of Columbia, 
issue certificates of taxes to any person apph'ing therefor, and if prop- 
erty is not redeemed within two years from date of said certificate, by 
payment of the face of the certificate, exclusive of surplus and 12 per 
cent per annum thereon, the Commissioners shall issue a deed to the 
holder of the certificate, which deed shall have the same force and 
effect as deeds given for property sold at regular annual tax sale. 
Deeds, however, shall not be issued, either in case of property bid in for 



150 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

the District which has not been redeemed within two years, or property- 
bid in for the District upon which certificates of sale are issued within 
redemption period, unless all taxes and assessments due on the prop- 
erty are paid; nor if the sale to the District was for any cause invalid 
or ineflfectual to give title to the property. (Act July 1, 1902.) 

LIST OF PROPERTY SOLD FOR TAXES OPEN TO PUBLIC INSPECTION. 

' The assessor is required to prepare and keep in his office, for public 
inspection, a list of all real estate sold for nonpayment of general or 
special taxes or assessments, said list to show the date of sale, for what 
taxes sold, in whose name assessed at time of sale, amount of sale, 
when and to whom conveyed, if deeded, or if redeemed from sale, the 
date of redemption. (27 Stat., 37.) 

COLLECTION AND DEPOSIT OF REVENUES. 

It is the duty of the collector of taxes for the District of Columbia 
to collect all revenues of the District and deposit the amount collected 
daily with the Treasurer of the United States, and he is held responsi- 
ble under his bond for all taxes except such as he may not be able to 
collect after fully complying with the requirements of law. (20 Stat., 
461; 27 Stat., 13.) 

Section 2 of the District appropriation law of March 3, 1883, pre- 
scribes — 

That hereafter all moneys appropriated for the expenses of the government of the 
District of Columbia, together with all revenues of the District of Columbia, from 
taxes or otherwise, shall be deposited in the Treasury of the United States, as required 
by the provisions of section 4 of an act approved June 11, 1878. (22 Rtat., 470.) 

The collector of taxes shall at the close of each day's collections, make an aggregate 
of the amount so collected, and furnish to the auditor a copy thereof. (L. A. 243.) 

CERTIFIED STATEMENTS OF TAXES. 

The assessor is required to furnish certified statements, over his hand 
and official seal, of all taxes and assessments, general and special, that 
may be duo and unpaid at the time of making said certificates. For 
each certificate a fee of 50 cents must be paid to the collector of taxes. 

When such certitieate is issued, it is a bar to the collection from any 
subsecjuont purchaser of any tax or assessment omitted from, and 
which ma}^ be a lien upon the real estate mentioned in, said certificate; 
but such omission does not affect the liability of the person who owned 
the property at the time such tax was assessed. (27 Stat., 37.) 

REASSESSMENTS. 

The Commissioners of the District of Columbia arc authorized and 
directed, in cases where general taxes or assessments for local imj)rove- 
ments are quashed, set aside, or declared void by the supreme court of 
the District of Columbia hy reason of imperfect or erroneous descrip- 
tion of the property against which same was levied, by reason of such 
tax or assessment not having been authenticated by proper officer, b}^ 
reason of a defective return of service of notice, or for any technical 



GOVERNMENT OF THE DISTEICT OF COLUMBIA. 151 

reason other than the right of the pubhc authorities to levy the tax or 
assessment, to reassess the property in question, with power to collect 
such reassessment. Said reassessment, however, must be made 
within ninety days after judgment or decree of court quashing or 
setting aside such taxes or assessments. Any amount theretofore 
paid on the assessment which has been declared void shall be credited 
upon the reassessment. (29 Stat., 98, and 30 Stat., 721.) 

DESIGNATION OP PARCELS OP LAND. 

Acts of March 3, 1899 (30 Stat., 1376), and February 23, 1905 (33 
Stat., pt. 1, 737), prescribe a system for numbering each lot, part of 
lot, or parcel of land in the District of Columbia. The object of these 
acts was to procure uniformity in this respect and for assessment pur- 
poses. 

TRANSCRIPTS OP DEEDS, WILLS, ETC. 

The Commissioners shall cause an employee of the surveyor's office 
to make daily transcripts of all deeds of conveyance, wills, condemna- 
tions, decrees, and other instruments of proceedings by which bound- 
aries are changed; for which purpose such employee of the surveyor's 
office shall at all times during business hours have full and free access 
to all records of the recorder of deeds, register of wills, clerk of the 
supreme court, marshal, and other officials; and the surveyor shall 
daily furnish to the assessor a copy of such transcript, from which a 
duplicate set of taxation and assessment plat books shall be main- 
tained by the said assessor: Provided, That the current series of taxa- 
tion and assessment plat books in the surveyor's office shall be the 
standard book of reference for all purposes of assessment and taxation 
by all departments of the government of the District of Columbia. 

Provision for transcripts of wills and deeds in relation to change of 
boundaries in the city of Washington is made in the act of March 3, 
1899. (30 Stat., 1377.) 

Special Assessments, 
assessment and permit work. 

The Commissioners of the District of Columbia are authorized, 
whenever in their judgment the same is necessary for the public 
health, safety, or comfort, or when application is made therefor, 
accompanied by a deposit equal to one-half the estimated cost of 
the work, to improve and repair alleys and sidewalks, and to con- 
struct sidewalks of such form and materials as they may determine, 
and to pay the total cost of said work from appropriations for assess- 
ment and permit work. (28 Stat., 247, 248.) 

Notice must be given by advertisement, twice a week for two weeks, 
in some ne\vspaper published in the city of Washington, of any such 
assessment work proposed to be done, designating the location and 



152 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

kind of work, specifying; the kind of materials to be used, the esti- 
mated cost, and fixing a time and place when and where property 
owners about to be assessed may appear and present objections 
thereto and for hearing thereof. One-half of the total cost of such 
improvements, including expenses of assessment, must be charged 
against and become a lien upon abutting property, and assessment 
therefor must be levied pro rata according to the linear frontage of 
such property. 

Notices of the levying of such assessments must be served upon 
each lot owner, if he or she be a resident of the District and his or her 
residence known; and if he or she be a nonresident of the District, or 
his or her residence unknown, such notice must be served upon his or 
her agent or tenant, as the case may be; and if there be no agent or 
tenant known to the Commissioners, then they shall give notice of such 
assessment by advertisement, twice a week for two weeks, in some 
newspaper published in the District. Service of such notice where 
owner or his or her tenant or agent resides in the District must be 
either personal or by leaving the same with some person of suitable 
age, at the residence or place of business of such agent, owner, or 
tenant, and return of such service must be made in writing and filed 
in the office of the Commissioners. The costs of publication of notice 
and service of notices are paid out of the appropriation for assessment 
and permit work. 

One-half of the cost of such work must be paid to the collector of 
taxes as follows: One-third within sixty days after service of notice 
of assessment, without interest; one-third within one year, and the 
remainder within two years from date of service of notice, interest 
being charged at 8 per cent per annum from date of service of notice 
on amounts unpaid at expiration of sixty days after service of notice 
of assessment. 

Any property upon which such assessment and accrued interest 
thereon, or any part thereof, remains unpaid at expiration of two years 
from date of service of notice of assessment, shall be subject to sale 
therefor under the same conditions and penalties imposed for non- 
payment of general taxes. If any property, assessed as heretofore 
explained, shall become liable to sale for any other assessment or tax 
whatever, then the assessments levied as hereinbefore explained 
become immediately due and payable, and the property against 
which they are levied may be sold therefor, together with the accrued 
interest thereon and the costs of advertising to date of such sale. 

Property owners who request improvements under the permit 
system must deposit, in advance, with the collector of taxes, an 
amount equal to one-half the estimated cost of such improvements, 
and in such cases it is not necessary to give notices, as hereinbefore 
stated. 



GOVERNMENT OB" THE DISTRICT OF COLUMBIA. 153 

All moneys received by the collector of taxes for work done upon 
request of property owners must be deposited by him in the United 
States Treasury to the credit of the permit hind. 

Upon completion of the work done, as aforesaid, at request of 
property owners, the Commissioners must repay to the then current 
appropriation for assessment and permit work, out of the permit fund, 
a sum equivalent to one-half the cost of the work, and shall return to 
the depositors from the said fiuid, when application is made therefor, 
any surplus that' may remain over and above one-half the cost of the 
work. (28 Stat., 247 and 248.) 

OPENING, WIDENING, ETC., OF MINOR STREETS AND ALLEYS. 

Sec. 1608. The Commissioners of the District of Columbia are 
authorized to open, extend, widen, or straighten alleys and minor 
streets in the District of Columbia under the following conditions: 
First, upon the petition of the owners of more than one-half of the 
real estate in the square or block in which such alley or minor street 
is sought to be opened, extended, widened, or straightened, accom- 
panied hj a plat showing the opening, extension, widening, or 
straightening proposed; second, when the Commissioners deem that 
the public interests require such opening, extension, widening, or 
straightening; third, when the health officer of said District certifies 
to the necessity for the same on the grounds of public health: Pro- 
vided, That a minor street shall be of a width of not less than 40 feet 
nor more than 60 feet and shall run through a square or block from 
one street to another. (Code of Law, District of Columbia.) 

Sec. 491 n. In case any of the owners of land heretofore or here- 
after condemned for public use are under disability or can not be 
found, or neglect or refuse to receive the money awarded to them; 
or in case the record is imperfect or the title to the property is in 
dispute or uncertain, the money due the owners of the property 
for damages for land taken may be deposited in the registry of the 
supreme court of the District of Columbia, for the use of the rightful 
owners without cost or expense to said District; and thereupon the 
title to the land condemned shall become vested in the District of 
Columbia. (Approved Dec. 18, 1908.) 

NEW CURB AND SIDEWALKS ON STREETS BEING IMPROVED. 

When new sidewalks or curbing are hereafter required to be laid on 
streets being improved, one-half the total cost shall be assessed 
against abutting property, in like manner and under the law govern- 
ing in the case of assessment and permit work: Provided, That 
abutting property shall not be liable to such assessment when side- 
walk and curbing have been laid by the District authorities in front 
of the same under the assessment and permit system within two 
years prior to such assessment. (Act Aug. 7, 1894, 28 Stats., 250.) 



154 GOVERNMENT OF THE DI8TKICT OF COLUMBIA. 

EXTENSION OF STREETS AND AVENUES. 

In the case of extensions of streets and avenues provided for by law, 
the Commissioners are authorized to petition the supreme court of the 
District of Cohimbia for the condemnation of land necessary for such 
extension, said court appointing a jury for that purpose, and the 
jury making return of benefits and damages to abutting property. 
Assessments are then levied for benefits to abutting property, such 
assessments being payable in five equal annual installments, with 
interest at 4 per cent per annum after sixty days from confirmation of 
verdict of jury; but in cases of awards for damages only that part of 
said award is paid by the District as may be in excess of assessment 
for benefits, and there is credited on assessment for benefits the amount 
of any award for damages not in excess of said assessment. 

"Sec. 491g. That of the amount found to be due and awarded as 
damages for and in respect of the land to be condemned for said open- 
ing, extension, widening, or straightening, plus the costs and expenses 
of the proceeding, such amount shall be assessed by the jurj^ as bene- 
fits, and to the extent of such benefits against the lots, pieces, or par- 
cels of land on each side of the street, avenue, road, or highway to be 
opened, extended, widened, or straightened, and against any and all 
other lots, pieces, or parcels of land wliich the jury may find will be 
benefited by the opening, extension, widening, or straightening, as the 
jury may find said lots, pieces, or parcels of land will be benefited; and 
in determining the amounts to be assessed against said lots, pieces, or 
parcels of land the jury shall take into consideration the respective 
situations and topographical conditions of said lots, pieces, or parcels 
of land, and the benefits and advantages they may severally receive 
from the opening, extension, widening, or straightening of the street, 
avenue, road, or highway. And where part of any lot, piece, parcel, 
or tract of land has been dedicated for the opening, extension, widen- 
ing, or straightening of the street, avenue, road, or highway, the jury, 
in determining whether the remainder of said lot, piece, parcel, or tract 
is to be assessed for benefits, and the amount of benefits, if any, to be 
assessed thereon, shall also take into consideration the fact of such 
dedication and the value of the land so dedicated. If the total amount 
of the damages awarded by the jury and the costs and expenses of the 
proceeding be in excess of the total amount of the assessments for bene- 
fits, such excess shall be borne and paid by the District of Columbia." 

Approved, February 25, 1907. 

ASSESSMENTS FOU WATER MAINS. 

The Commissioners of the District of Columbia shall have all the 
powers and be subject to all the duties and limitations provided in 
chapter 8 of the Revised Statutes of the United States relating to the 



GOVERNMENT OF THE DISTRICT OB' COLUMBIA. 155 

District of Columbia, excepting such powers and duties as belong to 
the Chief of Engineers. (21 Stats., 9.) 

Water-main taxes and water rents shall be uniform in said District. 

(lb.) 

WATER MAINS AND SERVICE SEWERS. 

AN ACT Authorizing the laying of water mains and service sewers in the District 
of Columbia, the levying of assessments therefor, and for other purposes. 

Beit enacted by the Senate and House of Rejyresentatives of the United 
States of America in Congress assemhled, That the Commissioners of 
the District of Columbia be, and they are hereby, authorized and 
directed, whenever in their judgment the same may be necessary for 
the public safety, health, comfort, or convenience, to construct water 
mains and service sewers in any street, avenue, road, or alley in the 
District of Columbia; and the assessor of said District shall levy 
assessments for the same against abutting property in the amount and 
manner hereinafter prescribed. 

Sec. 2. That for laying or constructing water mains in the District 
of Columbia assessments shall be levied at the rate of one dollar and 
twenty-five cents per linear front foot against all lots or land abutting 
upon that part of the street, avenue, road, or alley in which a water 
main shall be laid, and that for laying or constructing service sewers 
in the District of Columbia assessments shall be levied at the rate of 
one dollar per linear front foot against all lots or land abutting upon 
that part of the street, avenue, road, or alley in which a sewer shall 
be laid : Provided, That assessments for water mains and service sew- 
ers in the case of lots or parcels of land not more than one hundred 
feet in depth shall be levied upon the fronts or rears of such lots or 
parcels of land, and not upon both the fronts and rears of such lots or 
parcels of land; but lots or parcels of land more than one himdred 
feet in depth, except corner lots, shall be assessed upon both their 
fronts and rears when water mains or service sewers are laid abutting 
the same : Provided, That corner lots shall be assessed for water mains 
and service sewers only on their short fronts with a depth of not 
exceeding one hundred feet; any excess of the other front over one 
hundred feet shall be subject to assessment, as hereinbefore provided: 
Provided, That the areas of all lots or parcels of land which have 
been assessed for water mains by the square foot under any previous 
act of Congress, or of the late legislative assembly of the District of 
Columbia, shall not be again assessed for water mains: Provided, That 
assessments for water mains or service sewers shall not be levied under 
this act against lots or parcels of land not more than one hundred 
feet in depth which have theretofore been assessed by the linear front 
I'eet by authority of any act of Congress or of the late corporation 
of Georgetown, and in any assessment or reassessment levied under 



156 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

the j)rovisions of this act credit shall be allowed for any amount which 
may have been heretofore paid upon any water main or service sewer 
assessment levied against the same portion of the area of any lot or 
parcel of land : Provided further, That when the Commissioners of 
the District of Columbia shall deem it advantageous to lay water 
mains or service sewers on each side of any street, avenue, road, or 
alley assessments shall be levied at the rate, within the time and in the 
manner in this section provided for, against the lots abutting the side 
of the street, avenue, road, or alley in which the water main or service 
sewer is laid. 

Sec. 3. That the assessor of the District of Columbia shall give 
notices as herein provided of the levying of assessments for water 
mains and service sewers. Assessments shall be levied within sixty 
days after the completion of the main or service sewer, and the owner 
or owners affected by such assessments shall be notified that the same 
have been levied by a notice which shall be served upon the owner of 
the lot or parcel of land if he or she be a resident of the District of 
Columbia, and his or her residence be known. If the owner be a non- 
resident or his or her residence be unknown, the notice shall be 
served on his or her agent or tenant. The service of such notice, 
where the owner or his or her agent or tenant resides in the District 
of Columbia, shall be personal or by leaving the same with some per- 
son of suitable age, either a member of his family or in his employ, 
at the residence or place of business of such owner, agent, or tenant; 
and return of such service, stating the manner thereof, shall be made 
in writing under oath and filed in the office of the assessor of the Dis- 
trict of Columbia. If there be no agent or tenant known to said 
assessor, and the owner or owners be not residents of the District of 
Columbia, or if the owner be a resident of the District of Columbia 
and can not be found therein, and no person of suitable age as afore- 
said can be found at his or her residence or place of business, notice 
shall be given by advertisement once a week for three successive 
weeks in some daily newspaper published in said District, and in said 
publication of said notice each several piece of property shall be 
described in a separate paragraph, and the cost of such advertisement 
shall be added to the amount of said assessment and collected in the 
same manner that said assessment is collected. 

Sec. 4. That assessments for water mains and service sewers shall 
be payable in three equal installments, the first of which shall be due 
and payable without interest within thirty days from date of service 
of notice or of the last publication of notice as the case may be, the 
second within one year, and the third within two years from the date 
of assessment, and interest at the rate of six per centum per annum 
shall be charged on all amounts which shall remain unpaid at the 
expiration of thirt}" days from the date of service of notice or last 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 157 

publication as the case may be; but the owner of the property assessed 
may, at his option, at any time after the levying of such assessment, 
pay the same in full; and the discount heretofore allowed for pay- 
ment of assessments for water mains within thirty days from date of 
service of notice of assessments shall not be allowed hereafter: Pro- 
vided, That if any installment of any assessment for water main or 
service sewer levied under the provisions of this act shall not be paid 
when due and payable the property against which said assessment was 
levied may be sold for said delinquent installment at the next ensuing 
annual tax sale in the same manner and under the same conditions as 
property sold for delinquent general taxes, if said installment shall 
not have been paid prior to said sale. 

Sec. 5. That property in the county of Washington, not subdivided 
into blocks or lots, or both, shall not be assessed for water mains or 
service sewers until subdivided : Provided, That where houses are built 
on any unsubdivided land and connection is made with a water main or 
service sewer, assessment shall be made as herein provided for in the 
case of subdivided property by assessing a frontage of fifty feet on 
each side of said connection with a depth of one hundred feet, except 
that no double assessment shall be levied ; said assessment to be levied 
within sixty days after said connection is made; and if such unsub- 
divided land is thereafter subdivided into blocks or lots, such lots shall 
be assessed as herein provided as to subdivided lands, but the fifty 
feet on each side of said connection, with a depth of one hundred feet, 
shall not be again assessed: Provided further. That hereafter assess- 
ments at the rate and in the manner herein provided for shall be levied 
against each lot or parcel of land abutting any water main or service 
sewer in all subdivisions of land, within sixty days after the recording 
of such subdivision in the office of the surveyor of the District of 
Columbia, except in cases where said lots or parcels of land have been 
previously assessed for the same main or service sewer. 

Sec. 6. That in all cases where water mains have heretofore been 
laid and assessments therefor against abutting lots or land not levied 
pending the introduction of water into such lots or land, under the 
provisions of an act of Congress approved July eighth, eighteen hun- 
dred and ninetj^-eight, such assessments shall be levied under the pro- 
visions of this act. 

Sec. 7. That the assessor of the District of Columbia is hereby 
authorized and directed in cases where water-main assessnaents, or 
assessments for service sewers, may be quashed, canceled, set aside, 
or declared void by the supreme court of the District of Columbia, 
or may otherwise be canceled or set aside, by reason of an imperfect or 
erroneous description of the lot or parcel of ground against which the 
same shall have been levied, by reason of such tax or assessment not 
having been authenticated by the proper officer or by reason of a 



158 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

defective return of service of notice, or for any technical reason other 
than the right of the authorities of the District of Cohimbia to levy 
assessment or lay the main or service sewer in respect of which assess- 
ment was levied, to relevy such assessment at the rate and in the 
manner provided for in this act: Provided, That such reassessment 
shall be made within sixty days from date of such cancellation. 

Sec. S. That all sums received by the collector of taxes under the 
provisions of this act on account of assessments levied for the con- 
struction of service sewers shall be credited to the appropriation under 
which the sewer was constructed for the fiscal year in which such sums 
shall be received. 

Sec. 9. That a service sewer within the meaning of the provisions 
of this act shall be a sewer with which connection may be directly 
made for the purpose of providing sewerage facilities to abutting prop- 
erty, and such sewers shall be so indicated on the records of the sewer 
division of the engineer department of the District of Columbia. 

Sec. 10. That all acts and parts of acts inconsistent \\ath the pro- 
visions of this act are hereby repealed. 

Approved, April 22, 1904. (33 Stat., pt. 1, 244.) 

Water services are not installed by the municipalit3^ If water- 
main assessments are quashed or set aside by the court by reason of 
any technicality, the Commissioners are authorized to reassess the 
lot or parcel of land against which assessment was levied, but such 
reassessment must be made within thirty days from date of cancella- 
tion. (Act of July 8, 1898, and 29 Stat., 98.) 

Outside of the city of Washington assessments against land not sub- 
divided into blocks and lots must be made on a frontage of not exceed- 
ing 100 feet for each lot or parcel of land, and shall be considered in 
any subsequent subdivision as extending to a depth of not exceeding 
100 feet from the front of said lot or parcel of land. (30 Stats., 722.) 

In any assessment or reassessment levied under provisions of act of 
July 8, 1898, owner of lot or parcel of land assessed must be credited 
with any amount which may have been paid prior to date of said act 
upon any water-main assessment levied against such lot or parcel of 
land. (30 Stat., 722.) 

All moneys received on account of laying of water mains and all 
other moneys received on account of the water department must be 
deposited to the credit of the water fund, to be used exclusively for 
the support of the water department. (L. A., June 23, 1873.) 

No special assessments ore levied for the cost of grading or paving 
carriageways. 

ASSK.SSMKNTS KOll UEMOVINO OR SECURINO DANC KROIS STRUCTURES. 

The costs of removing or securing, by the District of Columbia, 
dangerous structures, upon refusal or neglect of owners to perform 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 159 

such work after due notice, must be assessed against the land upon 
which structure or structures stand or stood, and unless such assess- 
ment is paid within ninety days from service of notice the same shall 
bear interest at rate of 10 per cent per annum from date of assessment 
until paid and shall be collected as general taxes are collected. (30 
Stat., 123.) 

ASSESSMENTS FOR INCLOSING DANGEROUS WELLS, ETC. 

The cost of fencing or otherwise inclosing, by the District of Colum- 
bia, lots upon which exist uncovered wells or other dangerous holes 
or excavations, after neglect or refusal of owner to perform such work 
upon due notice, shall be assessed as a tax against the property on 
which such nuisances exist, the tax so assessed to bear interest at rate 
of 10 per cent per annum and to ]>e carried on regular tax rolls and 
collected in manner provided for collection of other taxes. (30 Stat., 
924.) 

ASSESSMENTS FOR REMOVAL OF WEEDS. 

The expense of removal, by the District of Columbia, of weeds of 
4 inches or more in height from unoccupied land in the city of Wash- 
ington or its more densely populated suburbs, upon failure or neglect 
of owner to perform such work, shall be assessed against the property 
on which such weeds were located, and said assessments shall bear 
interest at rate of 10 per cent per annum until paid, shall be carried on 
regular tax rolls of the District, and paid in manner provided for col- 
lection of general taxes. (30 Stat., 959.) 

ASSESSMENTS FOR DRAINING LOTS. 

In case owner or owners of lots, after due notice, fail or neglect to 
connect such lots with water mains and sewers, as required by law, the 
Commissioners shall cause such connections to be made, the expense 
to be paid out of the emergency fimd, such expense, with necessary 
costs of advertising, to be assessed as a tax against such lots, wliich tax 
shall be carried on regluar tax rolls and be collected in manner pro- 
vided for collection of other taxes. (29 Stat., 126.) 

The Commissioners are also authorized to make such connections 

upon any street or avenue about to be paved or otherwise improved 

before any such pavement or other permanent works are put down, the 

costs of such connections to be assessed as explained above. (20 Stat., 

,107; 28 Stat., 144; 29 Stat., 126.) 

SPECIAL POLICEMEN AT STREET-RAILWAY CROSSINGS. 

The Commissioners are authorized and required to station special 
policemen at such street-railway crossings and intersections in the city 
of Washington as they may deem necessary, the expense of such serv- 
ices to be paid pro rata by the respective railway companies. (30 
Stat., 489.) 

74986—09 1 1 



160 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

ASSESSMENTS FOR CLEANING OF OFFENSIVE CESSPOOLS. 

For cleaning offensive cesspools, by the District of Columbia, in 
cases where owners or other responsible parties fail or neglect to per- 
form such work, after due notice, the Commissioners are authorized 
to assess the cost thereof as a tax against the property benefited, 
which tax shall be carried on the regular tax roll and collected in the 
manner provided for collection of other taxes. (30 Stat., 233.) 

LIGHTING TRACKS OF STEAM RAILWAY COMt'ANIES. 

All railway companies using engines propelled by steam must pay 
the District of Columl)ia for the lighting of the streets, avenues, lands, 
and grounds through which their tracks may be laid. In case of 
default of such payment, actions at law may be maintained by the 
District of Columbia against said railway comi)anies. (22 Stat., 4G6.) 

COSTS OF ERECTION OP FIRE ESC.VPES. 

If the owners, proprietors, lessees, or trustees of buildings used as 
factories, manufactories, tenement houses, seminaries, colleges, 
academies, hospitals, or asylums, fail to provide such buildings with 
fire escapes, standpipes, ladders, lights, and alarm gongs, as required 
by law, after due notice from the Commissioners, such fire escapes, 
etc., must be erected by the Commissioners, and- the costs thereof 
assessed as a tax against the building on which they are erected and 
the ground ujjon wliich the same stands, and the Commissioners shall 
issue tax-lien certificates against such buildings and grounds for the 
amount of such assessment, bearing interest at rate of 10 per cent per 
annum, which certificates may be turned over by the Commissioners 
to the contractor for performing the work. (28 Stat., 810.) 

ASSESSMENTS FOR REMOVING SNOW, ICE, DIRT, ETC. 

In case the owner or tenant of any house, lot, building, or land shall 
neglect to cause to be removed snow, ice, sand, dirt, gravel, etc., from 
paved sidewalks adjacent to said property, as required by law, the 
Commissioners shall cause removal of same, the costs of which shall 
be assessed as a tax against the propert}^ to which the sidewalks in 
question belong, and the said tax so assessed shall be carried on the 
regular tax roll and collected in manner provided for collection of 
other taxes. (28 Stat., 809.) 

ASSESSMENTS FOR PAVING STREETS ADJACENT TO STREET-RAILWAY TRACKS. 

When an}' street or avenue through which a street railway runs shall 
be paved, such railway companies shall bear all of the expense for that 
portion of the work lying between the exterior rails of the tracks of 
such roads and for a distance of 2 feet from and exterior to such tracks, 
on each side thereof, and of keeping the same in repair; and when 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 161 

street railways cross any street or avenue the pavement between the 
tracks of such railway shall, at the expense of the company own- 
ing the tracks, be made to conform to the pavement used upon such 
street or avenue. If any street-railway company shall neglect or 
refuse to perform the work required, said pavement shall be laid by 
the District of Columbia and the costs collected from such company 
by issuing certificates of indebtedness against the property, real or 
personal, of such railway company, which certificates shall bear inter- 
est at the rate of 10 per cent per annum until paid, and which, until 
paid, shall remain a lien upon the property on or against which they 
are issued, together with the franchise of said company; and if such 
certificates are not paid within one year the Commissioners may pro- 
ceed to sell the property against which they are issued, or so much 
thereof as may be necessary to pay the amount due, such sale to be 
first advertised daily for one week in some newspaper published in 
the city of Washington, and to be at public auction, to the highest 
bidder. (20 Stat., 106.) 

TAXATION OP PERSONAL PROPERTY. 

The board of personal tax appraisers consists of the assessor, chair- 
man, and the two members of the board of assistant assessors detailed 
to that duty as hereinbefore explained. (28 Stat., 282, and 32 Stat., 
pt. 1, 617.) 

The assessor is required to annually cause to be prepared a printed 
blank schedule of all tangible personal property and of general mer- 
chandise, stock in trade, owned or held in trust, or otherwise, subject 
to taxation, and of the classes of corporations and companies to be 
assessed, together with the rate of tax prescribed, to which shall be 
appended an affidavit in blank, setting forth that the return presents 
a full and true statement of all such personal property, taxable capital, 
or other basis of assessment, or either, as the case may be. 

When said schedule is ready for delivery, notice thereof must be 
given by the assessor by advertisement for three successive secular 
days in one or more of the daily newspapers pubUshed in the District 
of Columbia, and a copy of said schedule must be delivered to any 
citizen applying therefor at the office of the assessor. These schedules 
must be filled out and sworn to, and returned to the office of the 
assessor within thirty days after the last publication of advertisement. 
The members of the board of personal tax appraisers are authorized 
to administer, without charge, oaths for tliis purpose. For failure to 
make return witliin specified time, 20 per cent of assessed valuation 
of personal property is added. 

Upon the filing of these returns the two members of the boa 'd of 
assistant assessors designated by the assessor to assess personal prop- 
erty must, under the direction and supervision of the assessor, assess 



162 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

personal property. If the board of personal tax appraisers is not 
satisfied as to the correctness of any return of personal propertj^ they 
may reject the same, and said board, or any one of the members 
thereof, may, fi'om the best information he or they can procure, by 
making such an examination of the personal property as may be 
practicable, assess the same in such amount as may to liim or them 
seem just, and notice of the rejection of the return shall be given to 
the party interested by leaving the same at the address given in said 
return. " (32 Stat., pt.' 1, 617, 618.) 

In all cases, however, there is the right of appeal to the board of 
personal tax appeals, hereinafter referred to, within fifteen days after 
delivery of said notice of rejection. Any person making a false affi- 
davit as to taxation of personal property is deemed guilty of perjury, 
and upon conviction is subject to the penalties provided for that 
offense. (lb., 618.) 

If the personal-tax appraisers fail to complete any of the duties 
required by law to be performed by them within the time specified, 
the taxation based upon the same is not, by reason thereof, invalid, 
but the appraisers must proceed with all reasonable diligence to com- 
plete such duties, and their acts are vaHd as if performed within the 
time provided therefor. (lb., 620.) 

If at any time within any current year property subject to taxation 
shall be discovered to have been omitted from assessment, the board 
of personal-tax appraisers shall immediately assess the same for the 
then current year, giving notice in writing to the persons or corpora- 
tion so assessed, who shall have the right of appeal within ten days 
from date of said notice. (lb.) 

BOARD OF PERSONAL-TAX APPEALS. 

The board of five (28 Stat., 282, and 32 Stat., pt. 1, 617) assist- 
ant assessors, with the assessor as chairman, compose a board of per- 
sonal-tax appeals, which must convene in a place provided therefor 
by the assessor, on the first Monday in February of each year, pubHc 
notice of the time and place of such meeting having been given by 
advertisement for two consecutive secular days in two daily news- 
papers published in the District of Columbia. It is the duty of this 
board, between the day of convening to and including the second 
Monday in March of each year (33 Stat.,pt. 1, 563), to hear all 
appeals made by any person or persons against the assessments made 
by the board of personal-tax appraisers, and to impartially equalize 
the valuation of said personal property as the basis for assessment. 

Any four members of said board shall constitute a quorum for busi- 
ness, and in the absence of the assessor a temporary chairman may be 
chosen. The board is empowered to diminish or increase such assess- 
ments as they may beheve to have been returned at other than their 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 163 

true value to such amount as in their opinion may be the vaKie thereof, 
and the action of the board in such cases is final. (32 Stat., pt. 1, 620.) 



DISTRAINT AND SALE. 



When the taxes on personal property due and payable in each year 
shall not be paid on or before the 1st of June, the collector of taxes or 
liis deputy may distrain sufficient goods and chattels found wdtliin the 
District of Columbia and belonging to the person charged with such 
tax to pay the taxes remaining due, together with the penalty thereon, 
and the costs that may accrue ; and for want of such goods and chattels 
said collector of taxes may levy upon and sell at auction the estate and 
interest of such person in any parcel of land in said District; and in the 
case of the levy on any estate or interest in land the proceedings subse- 
quent to sale thereof are the same as provided by law in the case of 
sales for arrears of taxes against real estate; and in case of distraint of 
personal property or the levy upon real estate, as aforesaid, the col- 
lector of taxes must immediately proceed to advertise the same by 
public notice, to be posted in the office of said collector, and by adver- 
tisement three times within one week, in one or more of the daily news- 
papers published in said District, stating the time when and the place 
where such property will be sold, the last publication to be at least six 
days before the date of sale, and if the said taxes and penalty thereon, 
and the costs and expenses which shall have accrued thereon, shall not 
be paid before tlie day fixed for such sale, which must not be less than 
ten days after said levy or taking of said property, the collector nuist 
proceed to sell at public auction in his office to the highest bidder such 
property, or so much thereof as may be needed to pay such taxes, 
penalties, and accrued costs and expenses of such distraint and sale. 
Said collector must report in detail in writing every distraint and sale 
of personal property to the Commissioners of the District of Colum- 
bia, or their successors in office, and his accounts in respect to every 
such distraint or sale must forthwith be submitted to the auditor of 
the District of Columbia and be audited by him. Any surplus result- 
ing from such sale over and above such taxes, costs, and expenses 
must be paid into the Treasury, and upon being claimed by the owner 
or owners of the goods and chattels aforesaid must be paid to him or 
them upon the certificate of the collector of taxes stating in full the 
amount of such excess. (lb., 621.) 

RATE OF TAXATION ON PERSONAL PROPERTY. 

On all tangible personal property assessed at a fair cash value (over 
and above the exemptions provided), including vessels, ships, boats, 
tools, implements, horses, and other animals, carriages, wagons, and 
other vehicles, there must be paid H per cent on the assessed value 
thereof. (lb., 618.) 



164 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

The taxes for private banks and bankers, general brokers, and note 
brokers date from tlie 1st day of July in each year and expire on the 
30th day of June following. Said taxes date from the first day of the' 
month in which the liability begins, and payment must be made for a 
proportionate amount. (32 Stat., pt. 1, 621.) 

EXEMPTIONS OF PERSONAL PROPERTY. 

The following personal property is exempt from taxation: 

The personal properly of all library, benevolent, charitable, and 
scientific institutions incorporated under the laws of the United States 
or of the District of Columbia and not conducted for private gain. 

Libraries, schoolbooks, wearing apparel, articles of personal adorn- 
ment, all family portraits, and heirlooms. 

Household and other belongings, not held for sale, to the value of 
$1,000, owned by the occupant of any dwelling house or other place 
of abode, in which such household and other belongings may be 
located. (lb., 620.) Personal property of foreign legations. 

PENALTY FOR VIOLATION OF LAW. 

Any person violating any of the provisions of the personal-tax law 
is liable to a penalty of not exceeding $500 for each offense, such 
penalty to be imposed upon conviction in the police court of the Dis- 
trict as other fines and penalties are imposed, and in default of pay- 
ment of such penalty the person or persons so convicted shall be 
imprisoned, in the discretion of the court, not exceeding six months, 
(lb., 622.) 

LICENSES. 

All licenses are issued by the assessor, over his hand and official seal. 
No person is permitted to carry on any business, trade, profession, or 
calling, for which a license is imposed, without having first obtained 
such license. Appfications for licenses must be made to the assessor, 
and no license can be granted until payment for the same shall have 
been made. Each license must specify the name of the person to 
whom issued, the business, trade, profession, calling, etc., for which 
it is granted, and the location at which such business is to be carried 
on. Licenses may be assigned or transferred upon application, under 
the terms and conditions applicable to the original granting of the 
same, and the assessor must issue a certificate of such transfer upon 
payment of a fee of 50 cents. When more than one business, trade, 
profession, calling, etc., for which a license is prescribed, shall be car- 
rieil on by the same person, a license must be obtained for each such 
business, etc. Licenses are good only for the location designated 
thereon, and no license can be issued for more than one place of busi- 
ness without payment of separate tax for each. All licenses date from 



GOVERNMENT OF THE DISTRICT OP COLUMBIA. 165 

the 1st of November and expire on the 31st of October following, 
except those speciallj'^ designated in the following list. Licenses issued 
at any time after beginning of license year date from first day of 
month of issue and end the last day of license year, payment being 
made for proportionate amount of license tax. In cases where license 
is less than $5 per annum they terminate one year from first day of 
month of issue. No one holding a license is permitted to allow any 
other person charged with a separate license to operate under his 
license. All licenses must be conspicuously posted on premises of the 
licensee, and be accessible at all times for inspection by police offi- 
cers or others authorized in that respect. Licensees having no located 
place of business must exhibit their licenses when requested to do so 
by proper authorities. 

Applications for licenses for hotels and theaters must have written 
approval of inspector of buildings and chief of fire department. Any 
license issued to proprietor of a theater or other public place of 
amusement may be terminated by the Commissioners whenever it 
shall appear to them that after due notice the person holding such 
license shall have failed to comply with such regulations as may be 
prescribed by the Commissioners for the public decency. (Act of 
March 1, 1901.) 

Proprietors of hotels can not obtain a license for less than $30 per 
annum. 

An act to prevent fraudulent transactions on the part of commission 
merchants, approved March 21, 1892, is made applicable to auction- 
eers, their agents, and employees. 

Drivers of licensed passenger vehicles, while transacting such busi- 
ness, must wear upon their breasts a badge numbered to correspond 
with license of his vehicle, such badge being furnished by District of 
Columbia upon payment of fee of 50 cents. 

In addition to license for proprietors of livery stables, they must 
obtain licenses for any vehicles owned by them occupying public 
stands. 

The Commissioners must approve applications for licenses for vehi- 
cles for transportation of passengers operated over a definite route. 

Dealers in general merchandise of every description must pay IJ 
per cent on their average stock in trade for the preceding year. 

It is unlawful for any person or persons entering the District of 
Columbia subsequent to June 30 in each year and establishing a place 
of business for the sale of goods, wares, or merchandise, either at 
private sale or at auction, to conduct such business until a sworn state- 
ment of the value of said stock has been filed with the assessor of the 
District of Columbia, who shall thereupon render a bill for the unex- 
pired portion of the fiscal year at the same rate as other personal taxes 
are levied. The assessor is authorized to reassess said stock whenever 



166 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

in his judgment it has been undervalued. The goods, wares, and mer- 
chandise of any person or persons who shall fail to pay the tax required 
within three days after beginning business are subject to distraint, 
and the assessor must place bills therefor in the hands of the collector 
of taxes, who must seize sufficient of the goods of the delinquent to 
satisfy said tax. The owner, however, has the right of redemption 
within thirty days on payment of said tax, to which must be added a 
penalty of 1 per cent, together with the costs of seizure. The col- 
lector must sell such goods as are not redeemed at public auction after 
advertisement for three days preceding said sale. 

Hotel companies and the proprietors of hotels are required to pay 1^ 
per cent on the assessed value of their furniture. 

Each national bank, as the trustee for its stockholders, through its 
president or cashier, and all other incorporated banks and trust com- 
panies in the District of Columbia, through their presidents or cash- 
iers, and all gas, electric lighting, and telephone companies, through 
their proper officers, must make affidavit to the board of personal-tax 
appraisers on or before the 1st day of August each year as to the 
amount of its or their gross earnings for the preceding year ending 
the 30th day of June, and must pay per annum on such gross earn- 
ings as follows : Each national bank and all other incorporated banks 
and trust companies, respectively, 6 per cent; each gas company, 5 
per cent; each electric lighting and telephone company, 4 per cent. 
And in addition thereto the real estate owned by each national or other 
incorporated bank and each trust, gas, electric lighting, and telephone 
company in the District of Columbia is taxed as other real estate in 
said District. Street railroad companies pay 4 per cent per annum on 
their gross receipts and other taxes. Insurance companies pay 1 h per 
cent on premium receipts. 

All companies who guaranty the fidelity of any individual or indi- 
viduals, such as bonding companies, pay li per cent of their gross 
receipts in the District of Columbia. 

Savings banks having no capital stock and paying interest to their 
depositors must, through their president or cashier, make affidavit to 
the board of personal- tax appraisers on or before the 1st day of 
August in each year as to the amount of their surplus and undivided 
profits, and pay a sum equal to H per cent on the amount of their 
surplus and undivided profits on the 3()th day of June preceding. 

The capital stock of all corporations other than those herein provided 
for, organized in the District of Columbia or under the laws of any of 
the States or Territories of the United States, chiefly for the purpose 
of, and transacting business within, the District of Columbia, except 
those exempted by the laws relating to the District of Columbia, is 
appraised in bulk at its fair cash value by the board of personal-tax 
appraisers, and the corporation issuing the same is liable for the tax 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 167 

thereon according to such value, and must pay a sum equal to IJ per 
cent on the assessed valuation thereof; but from the assessed valuation 
of such capital stock is first deducted the value of any and all real 
estate owned by such corporation in said District, which real estate is 
separately taxed against said corporation. This does not include 
newspaper, real estate, and mercantile companies, which by reason of 
incorporation receive no special franchise or privilege; but all such 
corporations are rated, assessed, and taxed as individuals conducting 
business in similar lines are rated, assessed, and taxed. 

Building associations pay to the collector of taxes of the District of 
Columbia 4 per cent per annum on their gross earnings for the pre- 
ceding year ending June 30. 

All taxes levied under the foregoing provisions of this law are due, 
payable, and collectible in May of each year, and are subject to the 
same penalties for nonpayment thereof as the general tax on real 
estate, until distraint or sale. 

Private banks or bankers, not incorporated, pay a tax of $500 per 
annum. General brokers pay a tax of $250 per annum. The Wash- 
ington Stock Exchange pays $500 per annum in lieu of tax on mem- 
bers thereof for business done on said exchange. Any broker who is 
a member of a regularly organized stock exchange located outside of 
the District of Columbia and transacting a brokerage business therein, 
pays $100 per annum. If any person or firm shall have paid the tax 
provided for banks and bankers, such person or firm can not again be 
taxed as a broker or brokers. Note brokers pay a tax of $100 per 
annum. Exceptions are made of cooperative associations whose busi- 
ness is restricted to the members of such association. 

For entertainments given in church premises or private residences, 
where the proceeds are for church or charitable purposes and no rental 
is charged, no license is required. 

Applications for licenses for shooting galleries must be accompanied 
with certificate from inspector of buildings that suitable precautions 
have been taken for public safety, and with written authority from 
majority of occupants and residents on the same side of the square in 
which proposed gallery is to be located, and also on confronting side 
of the square fronting opposite to the same. The chief of police is 
authorized to prescribe the caliber, firearms, and kind of cartridges 
to be used. 

The Commissioners have discretion to refuse licenses for merry-go- 
rounds, flying horses, etc. 

Applications for licenses for massage establishments, mediums, 
clairvoyants, soothsayers, fortune tellers, and palmists must have 
the approval of the chief of police. 

Hucksters are furnished with badges corresponding to number of 
license, which must be worn while transacting business, in addition to 



168 GOVERNMENT OF THE DISTRICT OF COLMMBIA. 

a corresponding number which must be attached to their vehicles. 
Hucksters' Hcenses need not be procured by persons bringing and sell- 
ing at the several markets produce of their own raising. 

The fire marshal must approve applications for licenses for buildings 
for storage of inflammable materials. 

Persons violating any of the provisions of the license law, upon 
conviction thereof in the police court of the District of Columbia, are 
punishable by a fine of not more than $500 for each offense, and in 
default of payment, by imprisonment not exceeding thirty daj^s, in the 
discretion of the court. (32 Stat., pt. 1, 622 to 629.) 

PERMIT FEES, LICENSE PEES, AND MISCELLANEOUS CHARGES. 

[Notes.— L. A., legislative assembly; B. R., building regulations; W. D., Webb's Digest of the laws 
of the former city of Washington. * Indicates that the fee is not a public revenue.] 

Agricultural exhibits, November 1, |100 per annum, |10 per week, $5 each subse- 
quent week, $3 per day. 

Amusements not otherwise provided for, November 1, $100 per annum, $10 per week, 
$5 each subsequent week, |3 per day. 

Apothecaries, November 1, $6 per annum. 

Art exhibits, November 1, $100 per annum, $10 per week, $5 each subsequent week, 
$3 per day. 

Athletic grounds, $20 per week, $5 per day. 

Auctioneers, November 1, $100 per annum. 

Automatic machines. (See Slot machines.) 

Automobiles, autovehicles, etc., July 1, $9 per annum. 

Automobile establishments, November 1, $25 license for ten vehicles or less per 
annum, $2 each additional vehicle. 

Awning permits, $1 each awning. (B. R., sec. 31.) 

Balls, $3 per night. 

Bankers, private (not incorporated), July 1, $500 per annum. 

Barrooms, November 1, $800 per annum. 

Bas(!ball grounds, $20 per week, $5 per day. 

Baths, November 1, $25, Turkish, Russian, or medicated, per annum. 

Billposters, November 1, $20 per annum. 

Billiard rooms, November 1, $12 per annum for each billiard, bagatelle, jenny lind, 
or pool table, shuffle board, or other legitimate game table. 

Boarding houses (public), November 1, $1 per annum for each room. 

Boiler and engine permits, $1 each plant. (B. R., sec. 31.) 

Bowling alleys, $12 per annum. 

Boxing schools, November 1, $12 per annum. 

Brewers, November 1, $250 per annum. 

Brewers' agents, November 1, $250 per annum. 

Brokers, real estate, November 1, $50 per annum. 

Brokers, railroad ticket, November 1, $25 per annum. 

Brokers, general, July 1, $250 per annum. 

Brokers, general (members of stock exchange), July 1, $100 per annum. 

Brokers, note, July 1, $100 per annum. 

Building contractors, November 1, $25 per annum. 

Buildings, new, pi-rmit for, $2 each building. (B. R., sec. 33.) 

Building permits, repairs or alterations, $1 each building. (B. R., sec. 31.) 

Carnivals, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 
per day. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 169 

Carriages for hire, July 1, $6, drawu !)y one animal, per annum; $9. more than one 
animal, per anmmi; $9 by other motive power, per annum. 

Carriage and wagon making establishments, November 1, $25 per annum. 

Cattle dealers, November 1, $15 per annum. 

Cattle exhibits, November 1, $100 per annum, $10 per week, $5 each subsequent 
week, $3 per day. 

Cigar dealers, November 1, $12 per annum. 

Circuses, $200 per day. 

Claim agents, November 1, $25 per annum. 

Clairvoyants, November 1, $25 per annum. 

Commission merchants, November 1, $40 per annum. 

Concerts, $3 per night. 

Confectionery establishments, November 1, $12 per annum. 

Contractors of all kinds, November 1, $25 per annum. 

Cook shops, November 1, $18 per annum. 

Dairy lunches, November 1, $18 per annum. 

Deadly and dangerous weapons. Dealers in are required to file Vjonds of $1,000 each 
but no fee is charged. (27 Stats., 117.) 

Dealers in markets, November 1, $5 per annum. 

Death, certificate of, 50 cents each. (29 Stats., 695.) 

Dental examiners, board of; examinations by, $10; certificates of , $1. (27 Stats., 43.) 

Distillers or rectifiers, November 1, $250 per annum. 

Dog licenses, $2 each dog per annum. (20 Stats., 173.) 

Dogs, release of, from pound, $2 each dog. (20 Stats., 174.) 

Druggists, November 1, $6 per annum. 

Eating houses, November 1, $18 per annum. 

Electroraobiles, July 1, $9 per annum. 

Employment agencies, November 1, $25 per annum. 

Engineers, steam. (See Steam engineers.) 

Entertainments, $3 per night. 

Entertainment halls, November 1, $100 per annum, $10 per week, $5 each subsequent 
week, $3 per day. 

Excavations in streets, $1 each. (B. R., sec. 31.) 

Exhibition halls, November 1, $100 per annum, $10 per week, $5 each subsequent 
we^k, $3 per day. 

Exhibits — agricultural, art, cattle, floral, food, freaks, industrial, mechanical, muse- 
ums, poultry, side shows, etc., November 1, $100 per annum, $10 per week, $5 
each subsequent week, $3 per day. 

Explosives, $1 per annum . 

Fairs, November 1, $100 per annum, $10 per week, $5 each subsequent week, $3 
per day. 

Fencing schools, November 1, $12 per annum. 

Fireworks, $50 per annum. 

Fish-wharf privilege, annually sold to highest bidder. (W. D., 147.) 

*Fish-wharf charges: Shad and other large fish at the rate of 20 cents per 100, her- 
ring at the rate of 20 cents per 1,000. (W. D., 147-149.) 

Florists, November 1, $15 per annum. 

*Flour, inspection of, 1 cent and one drawing per barrel or half barrel; 1 cent per 
196 pounds of flour in sacks; $5 in appeals to commissions of flour inspection. (30 
Stats., 766.) 

Flying horses. (See Merry-go-rounds.) 

Football grounds, $20 per week, $5 per day. 

Fortune tellers, November 1, $25 per annum. 

Fuel hucksters, November 1, $5 per annum. 



170 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Gas meters, inspection of, 50 cents each now meter, 20 cents for each repaired meter. 

(18 Stats., 279.) 
General brokers, July 1, $250 jjer annum. 

General brokers (members of stock exchange), July 1, $100 per annum. 
Golf gro\uids, $20 per week, $5 per day. 
Gasoline, $5 per annum. 
Gymnasiums, November 1, $12 per annum. 
Hacks. (See Carriages.) 

Hand laundries, November 1, $10 per annum. 
Hay scales, annually, on or about July 10, sold to the highest bidder at public auction. 

(L. A., 3G9.) 
Hay, straw, fodder, or oats in the straw, fee of weighmaster for weighing: 

* For loads of 500 pounds or less, each, 10 cents. (L. A., 368.) 

* For loads between 500 and 2,000 pounds each, 35 cents. (lb.) 

* For loads over 2,000 pounds each, 50cents. (Attorney's Opinions, vol. 4, 309-485.) 
*For Inindles or packages, each, 2 cents. (L. A., 368.) 

Heating plants, changes in, permits $1. (B. R., sec. 31.) 

Hotels, November 1, $1 per annum for each room for the accommodation of guests. 

Hucksters, April 1, $12 per annum for each vehicle. 

Ice-cream parlors, November 1, $18 per annum. 

Improvement and land companies. (See Land and improvement companies.) 

Inflammable oils, November 1, $10 per annum for storing quantity exceeding 5 barrels. 

Insurance: 

All companies and associations. For filing charter and other qualifying docu- 
ments, together witli issuing license to company, such license authorizing the 
company to issue only its own policies, $10. 
Local and foreign companies. Fee to be paid by the company, $50. Each 
insurance company, local or foreign, desiring to act as agent for the purpose of 
receiving business from another company, or from agents or representatives 
of any other company, is required to procure a "general insurance license." 
Foreign companies. Fee to be paid by the agent, $50. Must be licensed under 
section 646 before they can in any way do business in the District of Columbia. 
A foreign company issuing its own policy to a person in the District of Columbia 
is not required to be represented by a principal or policy-writing agent. If 
such a company desires, however, to do business in the District by issuing 
policies there, then its representatives must hold a "general insurance license." 
Principal or policy-writing agent's license. Fee to be paid by the agent, $50. 
This "general insurance license" may be issued to a person, or a firm not 
exceeding two members, or an association, or to a corporation, or secretary or 
assistant secretary of either of such bodies having such officers. Under this 
form of license an unlimited number of companies may be represented by an 
agent; and power is granted to the licensee to appoint solicitors for each com- 
pany he represents. A policy-writing agent may also act as broker. 
Brokers' "general insurance license." Fee to be paid by broker, $50. This 
license carries with it all the privileges granted a principal or policy-writing 
agent, except that the licensee can not issue policies nor appoint solicitors. A 
broker represents no company, but places the business he controls wherever he 
elects in companies that are licensed to do business in the District of Columbia. 
Solicitor's license. Fee to be paid by the solicitor, $5. A solicitor must be 
employed in some capacity by a company or its principal agent. License privi- 
lege is limited to one company only and the name of such company must he 
embodied in the license. 



GOVERNMENT OF THE DTSTRICT OF COLUMBIA. 171 

Industrial solicitor's license. Fee to be paid by the solicitor, $2. Limited to one 
company, and the name of such company must appear in the license. Licenses 
for companies, agents, solicitors, and brokers now doing business in the Dis- 
trict will bear date as of January 1, 1902, and be in force until April 30, 1902, 
fees for which must be prepaid. Applications for annual licenses for the same 
must be applied for and prepaid during the month of March, 1902. Annual 
licenses take effect May 1, 1902. All licenses are transferable by assignment, 
fee for each assignment being 25 cents. (Order February 4, 1902.) 

Investment associations, November 1, flOO per annum. 

Junk dealers, |40 per annum. (26 Stats., 841.) 

Land and improvement companies, November 1, $50 per annum. 

Laundries, November 1, $20, steam or other power, per annum; $10 per annum, 
operated by hand. 

Lawn fetes. (See Picnics.) 

Lecture halls, November 1, $100 per annum; $10 per week; $5 each subsequent week; 
$3 per day. 

License, transfer of, 50 cents each. 

Livery stables, November 1, $25 per annum for 10 stalls; $2 each additional stall. 

Liquor dealers, retail, November 1, $800 per annum. 

Liquor dealers, wholesale, November 1, $300 per annum. 

Liquors, brewers or manufacturers of, November 1, $250 per annum. 

* Lumber, inspection of, 30 cents per 1,000 feet B. M. (W. D., 462.) 
Market dealers of all kinds, November 1, $5 per annum. 

^larket stalls, schedule of monthly rates fixed by Commissioners, as follows: 
Eastern Market — 

Butcher, bacon, butter, and miscellaneous stands, $4 each; fish, huckster, 
and baker stands, $3 each. (Orders March 14, 1879; April 28, 1894.) 
Western Market — 

All stands except 8 dark stands, $5 each. 
Eight dark stands, $2.50 each. (Order December 31, 1906.) 
Georgetown Market — 

All stands, $5 each. (Orders of December 1, 1894, and October 31, 1894.) 
Massage establishments, November 1, $25 per annum. 
Maturity associations, November 1, $100 per annum. 

* Medical examiners, board of, examination by, $10. (29 Stats., 199.) 
Medicated baths. (See Baths.) 

Mediums, November 1, $25 per annum. 

Merry-go-rounds, $12 per week; $10 each subsequent week; $3 per day. 
Note brokers, July 1, $100 per annum. 

Omnibuses, July 1, $6 per annum, one animal; $9 per annum, more than one animal. 
Oyster houses, November 1, $18 per annum. 
Palmists, November 1, $25 per annum. 

Passenger transportation lines, November 1, $6 per annum for each vehicle not exceed- 
ing 10 passengers; $12 exceeding 10 passengers. 
Pawnbrokers, November 1, $100 per annum. 
Peddlers, April 1, $25 per annum. 

* Pharmacy, commissioners of, for registration without examination, $3; with exami- 

nation, $10. (20 Stats., 138.) 
Picnic groimds, November 1, $100 jjer annum; $10 per week; $5 each subsequent 

week; $3 per day. 
Plumbing board, examination and license of each applicant for master plumber's 

license, $3. (30 Stats., 477.) 
Polo grounds, $20 per week; $5 per day. 
Pool rooms, November 1, $12 per annum. 



172 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

Private banks or bankers (not incorporated), July 1, $500 per annum. 
Produce dealers, April 1, $12 per annum for each vehicle. 

Public school tuition of nonresident pupils: High school, $43.79; eighth grade, $30.42 
seventh grade, $25.08; sixth grade, $23.60; fifth grade, $20.53; fourth grade, $20 
third grade, $17.27; second grade, $16.42; first grade, $15.26. (30 Stats., 1056 
order of Commissioners, September 20, 1899.) 
Race tracks, $20 per week; $5 per day. 
Real estate brokers. (See Brokers, real estate.) 
Rectifiers. (See Distillers.) 
Restaurants, November 1, $18 per annum. 
Russian baths. (See Baths.) 

Secondhand dealers of all kinds, November 1, $40 per annum. 
"Seeing Washington cars.'" (See Passenger transportation lines.) 
Shed permits, $1 each shed. (B. R., sec. 31.) 
Shooting galleries, November 1, $12 per annum. 
Skating rinks, November 1, $100 per annum; $10 per week; $5 each subsequent week; 

$3 per day. 
Slot machines, November 1, $2 per annum, each machine; $50 per annum, unlimited 

number. 
Soothsayers, November 1, $25 per annum. 

Steam engineers' licenses are of three grades — first, second, and third — the fee for 
each being $3. Examination before board of engineers is required. Licenses are 
good until revoked or changed to higher grade. (Act of February 28, 1887.) 
Stock exchange, Washington, July 1, $500 per annum. 
Surveyor's fees: 

For preparing for record a plat of the proposed subdivision of any recorded lot 

or part of lot, 50 cents for each lot in the new subdivision. 
For preparing for record a plat of a proposed subdivision containing one or more 
squares, not more than $20 shall be charged for the subdivision of each entire 
square. 
For recording the above plats, after approval by the Commissioners of the Dis- 
trict of Columbia, $2.50 for each square and $1.50 for any lot or part of a square. 
For furnishing a copy of the plat and record of any square or part of square, $2.50. 
For examining any plat and calculating the area of any proposed sublot, 25 cents. 
For preparing plats showing lines of any proposed minor street or alley to accom- 
pany petition for condemnation, $5 for each plat. 
For surveying and marking upon the ground the boundaries of any lot within 
the city of Washington east of Rock Creek, $3; within the city of Washington 
west of Rock Creek, $4; in the District of Columbia outside of the city of Wash- 
ington in any subdivision recorded since 1888 and the lines of which are duly 
marked by stones approved by the surveyor of the District of Columbia, $5. 
The abbve shall include a certified plat of the survey for the property owner or 
applicant. 
For surveying and marking upon the ground the boundaries of any piece of 
ground in the county of Washington not contained in a subdivision recorded 
and marked as stated in the previous paragraph, $20 per day for each day 
occupied in the field work and $10 per day for each day occupied in comput- 
ing lines, areas, and other office work. 
For surveying and ascertaining the position of walls of any building with respect 
to the lines as laid down on plat of record in the surveyor's office or according 
to the description contained in deed, $5 if building stands on a single lot; $7.50 
if building stands on two lots, and $10 if building stands on three or more lots. 
For examining IIk; location of the walls of any building when the same shall 
have reached a height of not more than one foot above the footings, $1. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 173 

* 

Surveyor's fees — Continued. 

For any work not specifically described above the actual cost of labor and mate- 
rial will be charged. 
No work will be begun by the surveyor for any private parties until the actual 
estimated cost of the same has been deposited with the collector of taxes and 
his receipt recorded in the office of the surveyor of the District of Columbia. 
(Orders of Commissioners, March 23, 1895, and February 7, 1902.) 

Tax certificates, 50 cents each. (27 Stats., 37.) 

Theaters, November 1, $100 per annum, $20 per week, $10 less than one week. 

Ticket brokers, railroad. (See Brokers, ticket.) 

Tournaments. (See Race tracks.) 

Turkish baths. (See Baths.) 

Transfers of licenses, 50 cents each. 

Undertakers, November 1, $25 per annum. 

Vaults under streets, $1 each vault. (B. R., sec. 31.) 

Vehicles for hire, July 1, $6 per annum one animal, $9 more than one, $9 horseless 
or motor. 

Victuallers, November 1, $18 per annum. 

Wagon-making establishments. (See Carriage-making establishments.) 

Walls, party, measuring, $5 each. (B. R., sec. 31.) 

Washington Stock Exchange, July 1, $500 per annum. 

Water rents, shedule of: 

DOMESTIC RATES. 

The rate for domestic purposes shall be charged according to stories and front 
feet. On all tenements two stories high, with a front width of 16 feet or less, 
$4.50 per annum. For each additional front foot or fraction thereof greater 
than one-half, 30 cents. 

Note.— In cases where the frontage of a house is greater than the depth the rent 
will be based upon the less dimension. In the case of houses situated on tri- 
angular or irregular lots the rent will be based upon the mean depth, or mean 
frontage, depending upon which is less. 

For each additional story or part thereof, one-third of the charges as computed 
above. 

Note. — The word "story" shall be held to include basements, cellars, and attics 
containing space used or fitted out for use for domestic purposes, unless such 
space be used exclusively for kitchens, laundries, storage rooms, or bath rooms. 

meter rates. 

The rate to be charged for water supplied through meters shall be 3 cents a hundred 
cubic feet. 

The supply of water shall be determined by meter to all manufacturing establish- 
ments, hotels, swimming baths, bottling establishments, gas tanks, railroad 
yards, steamboats and wharves, brickyards, and other places requiring a large 
quantity, including all premises using fountains or automatic fixtures and all 
premises for business purposes on which the water rent, according to the fol- 
lowing schedule of rates, is $25 or more per annum. The listing of certain 
premises on that schedule does not exempt them from the requirements of the 
law with regard to the use of meters. 

In case of premises required by law to be supplied with water by meter the sup- 
ply of water to any portion thereof for any purpose shall be determined by meter. 

A minimum rate of $4.50 will be charged against all consumers supplied with 
water by metei's. 



174 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

SPECIAL BUSINESS AND MISCELLANEOUS RATES. 

In every case where dwelling houses or tenements are occupied also for business 
purposes, or vice versa, the regular charge for domestic purposes according 
to the above rates shall be made, and in addition thereto the special business 
rate as hereinafter specified. 

Note. — In cases where a story is used entirely for business purposes it will not 
be reckoned in the charge for domestic purposes. Special and miscellaneous 
business shall be charged at the following rates, viz: 

Apartment houses having two or more tenements: 

For each and every flat or suite of connecting rooms, having the water facilities 
of a dwelling house, $4.50. 

Armories, according to fixtures. 

Bakeries, from |1 to the amount requiring meter ($25). 

Barbershops, first chair, $3; each additional chair, $1.50. 

Bar rooms and restaurants from $15 to the amount requiring meter ($25). 

Billiard and pool rooms, from $1 to the amount requiring meter ($25). 

Boarding schools, according to the number of fixtures. 

Club houses, according to the number of fixtures. 

Club rooms, $3 per room. 

Colleges (law, medical, business, etc.), according to the number of fixtures. 

Cows, 25 cents each. 

Dye houses, $1 to the amount requiring meter ($25). 

Eating houses and lunch rooms, from $1 to the amount requiring meter ($25). 

Fixtures in business establishments, not otherwise listed, $3 for each fixture. 

Florists, $1 to the amount requiring meter ($25). 

Gas engines, $4 per horsepower. 

Horses, private, $1.50 each, said sum to include water for washing carriages. 

Horses for all other purposes, 75 cents each. 

Laundries, $1 to the amount requiring meter ($25). 

Machinery using water, according to the rate for stationary engines and boilers. 

Mills, $5; machinery extra, according to the rate for stationary engines. 

Motor vehicles, other than bicycles or tricycles, 75 cents each. 

Office buildings, according to the number of fixtures. 

Offices, $3 each. 

Printing houses, from $1 to $10; machinery in same using water shall be charged 
in addition thereto according to the rate for stationary engines. 

Photograph galleries, $1 to amount requiring meter ($25). 

Public baths, $4 for each tub. 

Stationary engines, $3 per horsepower; boilers without engines, $1.75 per horse- 
power. 

Stores, shops, confectioneries, dairies, and warehouses, $1 to the amount requiring 
meter ($25). 

Street washers, where parties use same and water is not taken in the house, shall 
be charged at the rate of from $3 to $10 per annum; (>xterior fountains, street 
washers and other hose connections may be used only between the hours of 5 
o'clock and 8 o'clock p. m., and 5 o'clock and 8 o'clock a. m. 

Slaughterhouses, from $5 to the amount requiring meter ($25). 

Stables, domestic purposes over same, $3.50. 
The water registrar is hereby authorized to grant permission to occupants of such 
premises as have no water supply of their own, upon written permission from an adja- 
cent water taker, to use the water, upon the payment of the water rent as stipulated 
herein. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 175 

Rebates. — That hereafter whenever the owner or occupant of any premises shall 
make request of the water registrar in writing to have the water cut off from such prem- 
ises, before the beginning of the fiscal year, for the reason that the said premises are to 
be closed for a certain period, and shall, upon his return, request the water registrar 
in writing to turn on the water, the water rent against the said premises shall be counted 
only from the date the water is turned on, instead of from the beginning of the fiscal 
year. 

Transfers. — When tenants move from one house to another so much of the water 
rent paid by the said tenant on the premises vacated as covers the unexpired portion 
ot the fiscal year may, on application to the water office be credited on the water rent 
due on the new premises : Provided, That the application for such transfer be accom- 
panied by the receipted bill for premises vacated. 

In charging business establishments for using Potomac water not supplied through 
meters, no allowance or deduction from the schedule rates shall be made on account 
of water claimed to be supplied from wells. Reserve boilers and machinery shall be 
charged for at full schedule rates. 

All water required for purposes which are not specified in the foregoing schedule 
shall be paid for at such rates as may be fixed by the Commissioners. 

All annual water rents are due and payable in advance on the 1st day of July in 
each year. 

All charges for specific supplies and for fractional parts of a year are due and payable 
in advance of the use of the water. In all cases of failure to pay the annual water rent 
within thirty days after same is due and payable, and charges for specific supplies 
or fractional parts of the year in advance of the use of the water, the supply shall be 
cut off, and the flow not again restored until the water rent is paid, as also a penalty 
of $2 and the actual exisense, if any, inciu-red by the water department in cutting the 
street for the purpose of shutting off and restoring the flow of water. 

All persons taking water are hereby required to keep their service pipes and fixtures 
connected with such service pipes in good condition and repair, and protected from 
frost, at their own expense; to prevent all unnecessary waste of water, and keep the 
trench in which their service pipe was laid, from the main to the building line, in 
good order and condition. 

The hose shall not be used in the avenues or streets to wash off carriages, omnibuses 
or other vehicles, or for watering or washing horses. Caps upon the said pavement 
or street washers must, when the washers are not in use be kept screwed securely 
down, and not project above the foot pavement. 

The Commissioners reserve the right, whenever they may deem it necessary in 
order to furnish the supply necessary for domestic purposes, to cause the fiow of water 
to be discontinued for all other purposes. 

The Commissioners of the District of Columbia are hereby authorized to furnish 
Potomac water without charge to orphan asylums and charity schools, and such insti- 
tutions as receive annual appropriations from Congress, to an amount to be fixed in 
each case by said Commissioners, not to exceed the rate of 100 gallons per average 
capita of inmates per diem; and for all water used beyond such an amount the insti- 
tution shall be charged at the prevailing rate for the use of water in the District. 
They are fmther authorized to furnish Potomac water without charge to churches to 
an amount to be fixed in each case by the Commissioners ; any amount used in excess 
to be charged as hereinbefore provided. (33 Stat. pt. 1, 742, Feb. 23, 1905.) 

Whenever the owner of any premises shall make request of the 
water registrar in writing, on or before the beginning of the fiscal 
year, to have the water cut off from such premises, before the begin- 
ning of the said fiscal year, for the reason that the premises are to be 

74986— Oy 12 



176 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

closed for a certain period, and shall upon his return request the 
water registrar in writing to turn on the water, the water rent against 
said premises sliall be counted only from the date that the water is 
turned on, instead of from the beginning of the fiscal year. (Order 
November 1, 1900.) 

If any person or persons shall remove the cover from any stopcock 
box or turn on or off the supply of water by means of said stopcock 
on the service pipe or otherwise, without the authority of the water 
registrar, such person or persons shall be liable to a fine of not less 
than $10 nor more than $50 for each offense. 

If any occupant of premises into which has been introduced the 
water shall permit the same to run or waste unnecessarily from any 
hydrant, cock, jet, street washer, or other fixture, or to flow from 
his fountain into adjacent premises and there used, or to be taken 
from or used by any person other than said occupant or a member or 
visitor of his family, except in case of fire; or if any hydrant, jet, 
cock, street washer, or other fixture be found leaking, and said occu- 
pant, owner, or agent of the premises shall refuse or neglect to have 
the necessary repairs made without delay; or refuse admission to the 
water registrar or other authorized agent of the Commissioners into 
his premises when in the official discharge of his duties, the person so 
offending shall pay a fine of not less than $5 nor more than $30 for 
each offense, and the supply of water shall be stopped from said 
premises until satisfactory assurance is given the water registrar that 
the like case will not occur again. 

Weights and measures, for testing and sealing, as follows: 

Dry measure, over half bushel $0. 25 

Dry measure, half bushel or less: 

1 to 10, inclusive (each) 10 

1 to 25, inclusive (each) 09 

1 to 50, inclusive (each) 08 

1 to 100, inclusive (each) 07^ 

Ice cream measure: 

1 to 50, inclusive (each) ^ -. .10 

1 to 100, inclusive (each) 08 

1 to 200, inclusive (each) 07 

200 or over (each) 06 

Liquid measures over 1 gallon (each) •. 25 

Liquid measures, 1 gallon or less: 

1 to 10 measures, inclusive (each) 10 

1 to 25 measures, inclusive (each) 09 

1 to 50 measures, inclusive (each) 08 

1 to 100 measures, inclusive (each) 07^ 

Milk can, 1 gallon or more: 

1 to 50 cans, inclusive (each) 25 

1 to 100 cans, inclusive (each) 20 

Over 100 cans (each) 15 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 177 

Milk bottles and jars, glass (each 100 bottles) |0. 50 

Scales, coal, semiannually 2. 00 

Scales, counter, semiannually 25 

Scales, counter, platform, over 200 pounds, semiannually 1. 00 

Scales, counter, platform, under 200 pounds, semiannually 50 

Scales, liay, semiannually 2. 00 

Scales, platform, semiannually 1. 00 

Scales, potato, semiannually 25 

Scales, railroad, large, semiannually (first 10 tons) 2. 00 

Scales, railroad, large (each ton over 10) 25 

Scales, wagon, semiannually 2. 00 

Spring balance, semiannually after July 1, 1903 25 

Weights, sealing of (each) 10 

Yard measures sealed, annually (each) 10 

(28 Stats., 811. Orders of Commissioners, April 23, 1896; August 16, 1897; 
July 29, 1901.) 
Washington Market Company. Franchise rental per annum, $7,500. 
Wharf for sale of fish. (See Fish wharf.) 
Wliarf property along James Creek Canal, rent of, 8 per cent per annum on 

estimated value. (Order of Commissioners of November 5, 1890.) 
Wharves on Potomac River, rental of. 
Wood, inspection of, 9 cents per cord. (W. D., 276.) 

AUTHORITY TO MAKE PUBLIC VEHICLE RATES. 

The Commissioners are directed to prepare and change from time 
to time, a reasonable scale of charges by cabs, taxicabs, and pubhc 
vehicles, for the transportation of passengers, and to prescribe penal- 
ties for violation thereof. (D. C. appropriation act, March 3, 1909.) 

EXCISE BOARD. 

The excise board determine to whom license to sell intoxicating 
liquors by wholesale or retail shall be issued. Their action is regu- 
lated by law and rules and regulations which they are authorized 
by law to make. (See p. 144.) 

This board consists of the assessor as ex officio chairman, and the 
three permanent assistant assessors, who are designated by the 
assessor to assess real property, and compose said board. (Act 
July 1, 1902.) 

For the license fees for selling such liquors see "Methods of taxa- 
tion" (p. 171). 

auditor's OFFICE. 

The auditor has general oversight of the financial affairs of the Dis- 
trict of Columbia. He passes upon all accounts affecting the general 
revenues, which are derived from taxes, licenses, fines in the police 
and criminal courts, fees from justices of the peace, market rentals, 
and minor miscellaneous sources, together with those relating to the 
water fund and the various special and trust fimds. He is also 
required by law to audit all disbursements made wholly or in part 
from District revenues, unless the acts of Congress appropriating 



178 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

therefor specifically ])rovi(le otherwise, as in the case of the sinking 
fund, the expenditures of which are under the control of the Treas- 
urer ot the United States, ex officio commissioner of the sinking fund; 
to prepare and countersign all checks issued by the disbursing officer, 
to render monthly to the Auditor for the State and other Depart- 
ments detailed statements, wdth accompanying vouchers, of all ex- 
penditures made by the disbursing officer, duly certified by the Com- 
missioners of the District of Columbia, and to keep account of all 
obligations against appropriations. 

DISBURSEMENTS. 

All disbursements of District moneys, except where otherwise 
specifically provided by law, as those for the sinking fund, which are 
made by the Treasurer of the United States, ex officio commissioner 
of that fund, are made by the disbursing officer upon claims or 
accounts audited and approved by the auditor of the District of 
Columbia. 

The disbursing officer is appointed by the Commissioners of the 
District of Columbia, and gives bond to the United States in the sum 
of S50,000, conditioned for the faithful performance of the duties of 
his office in the disbursing and accounting, according to law, for all 
moneys of the United States and of the District of Columbia that 
come into his hands; which bond must be approved by the Commis- 
sioners and the Secretary of the Treasury and be filed in the office of 
the Secretary of the Treasury. Advances in money, for which he 
must account, are made to him from the United States Treasury on 
the requisition of the Commissioners, and his checks for disburse- 
ments must be countersigned by the auditor. 

But in order to further insure accuracy, the organic law requires 
that the accounts of said Commissioners and the tax collectors and all 
other officers required to account shall be also settled and adjusted by 
the accounting officers of the Treasury Department of the United 
States. (20 Stats., 105.) This auditing falls within the purview of 
the Auditor for the State and other Departments, subject to review 
by the Comptroller of the Treasury. 

FISCAL YEAR. 

The fiscal year begins with July 1 and terminates with the 30th of 
the succeeding Jvme. 

SINKING FUND. 

The management of the funded debt of the District is vested by 
law in the Treasurer of the United States. The sinking fund of this 
debt is paid by the United States and the District of Columbia in 
equal parts. 



GOVEKTSntfENT OF THE DISTEICT OF COLUMBIA. 179 

On December 31, 1908, the funded debt amountedto $10,1 17,730.18, 
all but $1,080.18 of which was in 3.65 per cent bonds. The amount 
of these bonds issued to that date was $14,997,300, or within $2,700 
of the- limit fixed by law. (21 Stats., 286.) 

PROPOSALS FOR MUNICIPAL WORK, 

When any repairs of streets, avenues, alleys, or sewers within the 
District of Columbia are to be made, or when new pavements are to 
be substituted in place of those worn out, new ones laid, or new 
streets opened, sewers built, or any works the total cost of which 
shall exceed the sum of $1,000, notice must be given in one newspaper 
in Washington, and if the total cost shall exceed $5,000 then in one 
newspaper in each of the cities of New York, Philadelphia, and Balti- 
more, also, for one week, for proposals, with full specifications as to 
material for the whole or any portion of the works proposed to be 
done. (20 Stats., 105.) 

The lowest responsible proposal for the kind and character of pave- 
ment or other work which the Commissioners shall determine upon 
must in all cases be accepted, but the Commissioners have the right, 
in their discretion, to reject all such proposals. (lb.) 

The Commissioners also invite proposals for all kinds of work, 
material, supplies, and other purchases involving any considerable 
cost, and whenever in their judgment the public interests will be 
best subserved thereby. 

CONTRACTS. 

Work capable of being executed under a single contract shall not 
be subdivided so as to reduce the sum of money to be paid therefor 
to less than $1,000 (ib.); nor to less than $500 (34 Stats., pt. 1, 546). 

All contracts for the construction, improvement, alteration, or 
repairs of the streets, avenues, highways, alleys, gutters, sewers, and 
all work of like nature must be made and entered into only by and 
with the official unanimous consent of the Commissioners of the 
District. (Ib., 106.) 

The Commissioners may make separate contracts for materials 
and for labor in executing public works. (22 Stats., 125.) 

All contracts shall be copied into a book kept for that purpose and 
be signed by the said Commissioners, and no contract involving an 
expenditure of more than $100 shall be valid until recorded and 
signed as aforesaid. (20 Stats., 106.) 

Pursuant to an order dated August 2, 1878, all contracts are pre- 
pared by and recorded by the Engineer Commissioner. 

The Comptroller of the Treasury orally advised the Commissioners 
that books composed of one of each of the original contracts bound 



180 GOVERNMENT OB' THE DISTRICT OF COLUMBIA. 

together would meet the requirements of this law as to copjdng con- 
tracts into a book. This secures accuracy and also obviates the labor 
of transcribing them, which involves the copying of a large amount 
of printed matter included in the forms. 

OFFICERS AND CONTRACTORS' BONDS. 

Good and sullicient bonds to the United States, in a penal sum not 
less than 25 'per centum of the estimated cost of work or material, with 
sureties to be approved by the Commissioners of the District of 
Columbia, shall be required from all contractors, guaranteeing that 
the terms of their contracts shall be strictly and faithfully performed 
to the satisfaction of and acceptance by said Commissioners. (20 
Stats., 106; 33 Stat., pt. 1, 704.) A bond is not necessary with 
contracts for not more than $500. (34 Stat., pt. 1, 546.) 

Neither of said Commissioners, nor any officer whatsoever of the 
District of Columbia, shall be accepted as surety upon any bond 
required to be given to the District of Columbia; nor shall any con- 
tractor be accepted as surety for any officer or other contractor in said 
District. (lb., 103.) 

BIENNIAL EXAMINATION OF OFFICIAL BONDS. 

Every officer required by law to take and approve official bonds 
shall cause the samtf to be examined at least once every two years for 
the purpose of ascertaining the sufficiency of the sureties thereon ; and 
every officer having power to fix the amount of an official bond shall 
examine it to ascertain the sufficiency of the amount thereof and 
approve or fix said amount at least once in two years, and as much 
oftener as he may deem it necessary. (20 Stats., 807.) 

RENEWAL OF OFFICIAL BONDS. 

Every officer whose duty it is to take and approve official bonds 
shall cause all such bonds to be renewed every four years after their 
dates, or oftener if he deem such action necessary. In his discretion 
a new bond may be waived for the period of service of a bonded officer 
after the expiration of a four-year term of service, pending the 
appointment and qualification of his successor. The nonperformance 
of any of said requirements on the part of any official of the Govern- 
ment shall not be held to affect in any respect the liability of principal 
or sureties on any bond made or to be made to the United States, and 
the liability of the principal and sureties on all oflicial bonds shall con- 
tinue and cover the period of service ensuing until the appointment 
and qualification of the successor of the principal; nor shall anything 
in the foregoing be construed to repeal or modify section 3836 of the 
Revised Statutes of the United States. (lb.) 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 181 

TERM OF contractors' LIABILITY. 

Contractors shall keep new pavements or other new works in repair 
for a term of five years from the date of the completion of their con- 
tracts. (20 Stats., 106; 33 Stat., pt. 1, 704.) 

RETENTS FROM CONTRACTORS. 

That on all contracts made by the District of Columbia for con- 
struction work there shall be held a retent of ten per centum of the 
cost of such construction work as a guaranty fund to keep the work 
done under such contracts in repair, and that the terms of such con- 
tracts shall be strictly and faithfully performed. On contracts for 
the construction of asphalt, tar, brick, cement, or stone pavements 
the retent shall be held for a term of five years from the date of com- 
pletion of the contract. On contracts for the construction of bridges 
and sewers the retent shall be held for a term of one year from the date 
of completion of the contract. On contracts for the construction 
of buildings, and other contracts for construction work, the retent 
shall be held until the completion of the work. All retents for one 
year or more shall be deposited with the Treasurer of the United 
States as now required by law. (31 Stat., pt. 1, 94.) Extended to 
cover all contracts for "buildings and other contracts for construc- 
tion work." (34 Stat., pt. 1, 929.) 

PUBLIC SCHOOLS. 

The supreme court of the District of Columbia is authorized to 
appoint nine persons, bona fide residents of the District of Columbia, . 
and who have been such for five years immediately preceding their 
appointment, to constitute a board of education, and whose term of 
office is three years, except that the terms of the persons first 
appointed terminate as follows: Three for one year, three for two 
years, and three for three years, to serve withput compensation. 

The board has complete jurisdiction over all administrative matters 
connected with the public schools of the District of Columbia, except 
that all expenditures of public funds for such school purposes are 
made and accounted for as now provided by law under the direction 
and control of the Commissioners of the District of Columbia. The 
board makes all needful rules and regulations which may be proper 
for the government and control of schools, and makes annual report 
to the Commissioners of the District of Columbia, who transmit the 
same to Congress, of the condition and operations of said schools, 
and the sanitary and structural condition of all buildings in use, as 
well as those in course of construction, with recommendations as to 
needed changes. 



182 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

The board has power to appoint one superintendent for all the pub- 
lic schools of the District of Columbia, two assistant superintendents — 
one of whom, under the direction of the superintendent, has charge of 
schools for colored children ; and has power to employ and remove all 
teachers, ollicers, and other employees connected with the public 
schools not already specified. Graduates of the normal schools have 
preference in all cases when appointments of teachers for the grade 
schools are to be made. The superintendent shall have the direction 
of and supervision in all matters pertaining to the instruction in all 
the schools under the board of education. 

Twelve medical inspectors of public schools, four of whom shall be 
of the colored race, at S500 each, shall be appointed by the Commis- 
sioners only after competitive examination, and shall have had at least 
five years' experience in the practice of medicine in the District of 
Columbia, and shall perform their duties under the direction of the 
health officer and according to rules formulated from time to time by 
him, wliich shall be subject to the approval of the board of education, 
and the Commissioners. 

The board annually sends to the Commissioners of the District, ©f 
Columbia an estimate in detail of the amount of money required for 
the public schools for the ensuing year, wliich the Commissioners 
include in their annual estimate of appropriations for the District of 
Columbia, with such recommendations as they deem proper. (31 
Stats., 564.) 

For convenience of administration the schools are classified into 
divisions, each of which includes a certain number of schools and is 
under the immediate surveillance of a separate supervising principal; 
but these divisions have no definite geographical boundaries. 

The maximum number of pupils enrolled in the public shools of the 
District of Columbia for 1908 was 57,013. The white and colored 
pupils are taught in separate schools. 

PAY OF OFFICERS. 

The pay of officers shall be as follows: The superintendent, $5,000; 
the assistant superintendents, $3,000 each; director of intermediate 
instruction, supervisor of manual training, and supervising prin- 
cipals, $2,200 per annum, with an increase of $100 per year for five 
years. 

Director of intermediate instruction, supervisor of manual training, 
and supervising principals who may be hereafter appointed shall be 
appointed at tlio minimum salary provided unless the said salary is 
less than that received at the time of his appointment. 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 183 

Wlien a teacher is on trial or being investigated he or she shall 
have the right to be attended by counsel and by at least one friend of 
his or her selection. 

NONRESIDENT PUPILS. 

Pupils shall not be admitted to nor taught free of charge in the 
public schools of the District of Columbia who do not reside in said 
District, or whose parents do not reside or are not engaged in busi- 
ness or public duties therein: Provided, That such pupils may be 
admitted to and taught in said public schools on pajnnent of such 
amount, to be fixed by the board of school trustees, with the approval 
of the Commissioners of the District, as will cover the expense of their 
tuition and cost of text-books and school supplies used by them; and 
all payments hereunder shall be paid into the Treasury, one-half to the 
credit of the United States and one-half to the credit of the District of 
Columbia. 

INDUSTRIAL HOME SCHOOLS. 

The institution for white children is situated on the east side of the 
Tennallytown road, a short distance north of the city of Washington. 

Its object is to provide for the care and elemental instruction in 
handicraft, in connection with the ordinary mental studies, of children 
between the ages of five and fifteen years who, from indigency or 
neglect, would otherwise be deprived of such care and instruction. 
(29 Stats., 410.) It is managed by a board of trustees appointed by 
the Commissioners. 

The home school for colored children is at Blue Plains, and managed 
by a superintendent provided for by annual appropriation. 

PUBLIC LIBRARY. 

This institution is located on Mount Vernon Square, which belongs 
to the United States, but the building was erected at a cost of $350,000, 
at the expense of Mr. Andrew Carnegie, whose action in the matter 
was inspired by a suggestion made to him by Hon. Brainard H, 
Warner. 

It is managed by a board of trustees appointed by the Commis- 
sioners. 

BOARD OF CHARITIES. 

A Board of Charities, to consist of five members, residents of the 
District, shall be appointed by the President of the United States, by 
and with the advice and consent of the Senate, each for a term of three 
years, but in such manner that the terms of not more than two of them 



184 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

shall expire in any one or the same year. The members of said board 
shall serve without compensation. No member shall serve as trustee 
or other administrative officer of any institution subject to the visita- 
tion of the said board. The board shall elect a president and vice- 
president from among its own members, and shall appoint a secretary 
and such other officers, inspectors, and clerks as it may deem proper, 
and fix the number, duties, and compensation thereof subject to 
appropriations of Congress. 

The said Board of Charities shall visit, inspect, and maintain a gen- 
eral supervision over all institutions, societies, or associations of a 
charitable, eleemosjmary, correctional, or reformatory character 
which are supported in whole or in part by appropriations of Congress, 
made for the care or treatment of residents of the District of Colum- 
bia; and no payment shall be inade to any such charitable, eleemo- 
synary, correctional, or reformatory institution for any resident of 
the District of Columbia who is not received and maintained therein 
pursuant to the rules established by such Board of Charities, except 
in the case of persons committed by the courts, or abandoned infants 
needing immediate care. The officers in charge of all institutions 
subject to the supervision of the Board of Charities shall furnish 
said board, on request, such information and statistics as may be 
desired; and to secure accuracy, uniformity, and completeness of 
such statistics the board may prescribe such forms of report and regis- 
tration as may be deemed to be essential; and all plans for new insti- 
tutions shall, before the adoption of the same, be submitted to said 
board for suggestion and criticism. The Commissioners of the Dis- 
trict of Columbia may at any time order an investigation by the 
board, or a committee of its members, of the management of any 
penal, charitable, or reformatory institution in the District of Colum- 
bia; and said board or any authorized committee of its members, 
when making such investigation, shall have power to send for persons 
and papers and to administer oaths and affirmations; and the report 
of such investigation, with the testimony, shall be made to the Com- 
missioners. All accounts and expenditures of said board shall be 
certified as may be required by the Commissioners, and paid as other 
accounts against the District of Columbia. The said board shall 
make an annual report to Congress, through the Commissioners of the 
District of Columbia, giving a full and complete account of all matters 
placed under the supervision of the board, all expenses in detail, and 
all officers and agents employed, with a report of the secretary, show- 
ing the actual condition of all institutions and agencies under the 
supervision of the board, the character and economy of administra- 
tion thereof, and the amount and sources of their public and private 
income. The said report shall also include recommendations for the 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 185 

economical and efficient administration of the charities and reforma- 
tories of the District of Cokimbia. The said board shall prepare and 
include with its annual report such estimates of future appropriations 
as will, in the judgment of a majority of its members, best promote 
the effective, harmonious, and economical management of the affairs 
under its supervision; and such estimates submitted shall be included 
in the regular annual Book of Estimates. No member or employee 
of said board shall be either directly or indirectly interested in any 
contract for building, repairing, or furnishing any institution which 
the board is authorized to investigate and supervise (31 Stats., 664). 

BOARD OF children's GUARDIANS. 

AN ACT to provide for the care of dependent children in the District of Columbia and 
to create a Board of Children's Guardians. 

That there shall be created in and for the District of Columbia a 
board to be known as the Board of Children's Guardians, composed of 
nine members wdio shall serve wdthout compensation, the said board 
to be a body politic and corporate and to have the powers and to be 
constituted in the manner hereinafter provided. 

Sec. 2. That the members of the Board of Children's Guardians 
shall be appointed by the judges of the police court and the judge 
holding the criminal court of the District of Columbia, met together 
for that purpose, the assent of a majority of such judges being neces- 
sary to appointment in each case : Provided, That there shall always 
be at least three representatives of each sex upon the board. Of the 
nine members first appointed after the passage of this act, tlu-ee shall 
be appointed for one year, three for two years, and three for three 
3'ears. Thereafter all appointments, except such as shall be made for 
the remainder of unexpired terms, shall be for the term of three years. 
The judges of the police court and the judge holding the criminal 
court, or a majority of them, when met together for that purpose, may 
remove for cause any member of the board: Protnded, That such 
member shall be given an opportunity to be heard in his own defense. 

Sec. 3. That the board shall elect from its own members a presi- 
dent, vice-president, and secretary, who shall severally discharge the 
duties usual to such offices, or such as the by-laws of the board may pre- 
scribe. The board shall have the power, subject to the approval of 
the Commissioners, to employ not more than two agents, at an annual 
compensation not exceeding two thousand four hundred dollars for 
the two, and prescribe their duties, and to conclude arrangements 
with persons or institutions for the care of dependent children at such 
rates as may be agreed upon. 

Sec. 4. That said board shall have the care and supervision of the 
loUowino; classes of children: First. All children committed under 



186 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

section two of the act approved February thirteenth, eighteen hun- 
dred and eighty-live, entitled, "An act for the protection of children 
in the District of Columbia, and for other purposes." Second. All 
children who are destitute of suitable homes and adequate means of 
earning an honest living, all children abandoned by their parents or 
•guardians, all children of habituall}' drunken or vicious or unfit par- 
ents, all cliildren habitually begging on the streets or from door to 
door, all children kept in vicious or immoral associations, all children 
known by their language or life to be vicious or incorrigible w^henever 
such children may be committed to the care of the board by the police 
court or the criminal court of the District; and power is hereby given 
to these courts to commit such children when not over sixteen years 
of age to said board: Provided, That the laws regulating the com- 
mitment of children to the reform schools of the District shall not be 
deemed to be repealed in any part by this act. Third. Such children 
as the board of trustees of the Reform School for Boys or the Reform 
School for Girls may, in their discretion, commit to the Board of 
Children's Guardians, and power is hereby given the board of trustees 
of the said reform school to commit any inmate of their respective 
institutions to the said board of guardians, conditionally upon the 
good behavior of the child so committed. Fourth. Under the rules 
to be established by the board, children may be received and tempo- 
rarily cared for pending investigation or judgment of the court. 

Sec. 5. That the board shall be the legal guardian of all children 
committed to it by the courts, and shall have full power to board them 
in private families, to board them in institutions wilhng to receive 
them, to bind them out or apprentice them, or to give them in adoption 
to foster parents. Children received from the reform schools shall be 
placed at work, bound out or apprenticed, and at any time before 
attaining majority vascj be returned to the school from which they 
came, if in the judgment of the board of guardians such a course is 
demanded by the interest of the community or the welfare of the child. 
All children under the guardianship of the board shall be visited not 
less than once a year by an agent of the board, and as much oftener 
as the welfare of the child demands. Children received temporarily 
may not be kept longer than one week, except by order of the police 
court or the criminal court. 

Sec. 6. That the antecedents, character, and condition of life of each 
child received by the board shall be investigated as fully as possible, 
and the facts learned entered in permanent records, in which shall 
also be noted the subsequent history of each child, so far as it can 
be ascertained. 

Sec. 7. That the Commissioners of the District shall have authority 
to prescribe the form of records to be kept by the board of guardians, 



GOVERNMENT OF THE DISTKIOT OF COLUMBIA. 187 

and the methods to be employed by them in paying bills and auditing 
accoimts; and an annual report of its operations hereunder shall be 
made by the board to the superintendent of charities. The superin- 
tendent of charities shall have full powers of investigation and report 
regarding all branches of the work of the board, as well as over all 
institutions in wliich children are placed by the board ; and it shall be 
his duty to recommend annually the appropriations which in his judg- 
ment are necessary to the carrying on of its work. 
Approved, July 26, 1892. (27 Stats., 268.) 

AN ACT to enlarge the powers of the courts of the District of Columbia in cases 
involving delinquent children, and for other purposes. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That the judges of the crim- 
inal and police courts of the District of Columbia are hereby authorized 
and empowered, at their discretion, to commit to the custody and care 
of the Board of Children's Guardians of the District of Columbia 
children under seventeen years of age who shall be convicted of petty 
crimes or misdemeanors which may be punishable with fine or impris- 
onment; and said Board of Children's Guardians shall place, under 
contract, such children in such suitable homes, institutions, or training 
schools for the care of children as it may deem wise and proper. 

Sec. 2. That no court shall commit a child under seventeen years of 
age, charged with or convicted of a petty crime or misdemeanor pun- 
ishable by a fine or imprisonment, to a jail, workhouse, or police 
station; but if such child be unable to give bail or pay a fine, it may 
be committed to the Board of Children's Guardians temporarily or 
permanently, in the discretion of the court, and said board shall make 
some suitable provision for said child outside the inclosure of any jail, 
workhouse, or pohce station, or said court may commit such child to 
the reform school under the laws now providing for such commitment. 

Sec. 3. That for the purpose of aiding the court in a proper dispo- 
sition of cases referred to in section one the Board of Children's 
Guardians is hereby authorized and directed to designate one of its 
employees as a probation officer, whose duty shall be to make such 
investigation in cases involving children under seventeen j^ears of age 
as the court may direct, to be present in court in order to represent 
the interests of the cliild when the case is heard, to furnish the court 
such information and assistance as the judge may require, and to take 
charge of any child before and after trial as may be directed by the 
court. 

Sec. 4. That any person within the District of Columbia, of suffi- 
cient financial ability, who shall refuse or neglect to provide for any 
child under the age of fourteen years, of which he or she shall be the 



188 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

parent or guardian, such food, clothing, and shelter as will prevent 
the suffering and secure the safety of such child, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be subject 
to punishment by a fine of not more than one hundred dollars, or by 
imprisonment in the workhouse of the District of Columbia for not 
more than three months, or both such fine and imprisonment. 

Sec. 5. That whenever petition or information shall have been filed 
in any court of the District of Columbia authorized to commit children 
to the care, custody, and guardianship of the Board of Children's 
Guardians for such commitment of any child, and upon the hearing of 
the same before said court it shall appear to the satisfaction of the 
court that such child is entitled to be committed as aforesaid under or 
by Aartue of any of the provisions of the act of Congress approved 
July twenty-sixth, eighteen hundred and ninety-two, entitled "An act 
to provide for the care of dependent cliildren in the District of Colum- 
bia and to create a Board of Cliildren's Guardians," and if said evidence 
tends to show that such child has a father or a mother, either of whom 
is able to contribute to the support of such child, either bj^ reason of 
having means or property or having an income consisting of wages or 
salary due for personal services or labor or otherwise, but fails or 
neglects so to do, then the proper prosecuting oflicer shall file in the 
police court of the District of Columbia an information charging said 
father or mother, or both, with such failure or neglect, and upon con- 
viction thereof the said court shall require the father or the mother of 
such cliild, or both such father and mother, to contribute by stated 
payments, to be made to said Board of Children's Guardians, tow^ard 
the support of such child such sum or sums, monthly, weekly, or 
otherwise, as in the judgment of said court either or both such father 
and mother should and may be able to pay; and the courts aforesaid 
may at any time hear and determine any petition for an order for con- 
tribution toward maintenance of any child who has heretofore been or 
who may hereafter be committed to the guardianship of the Board of 
Children's Guardians, or for modifying or suspending the operation 
of any such order previously made. 

Sec. 6. That any person against whom an order for contribution 
toward maintenance may have been made, as provided for in this act, 
who shall refuse or neglect to make such payments as ordered, shall be 
deemed guilty of contempt, and upon conviction thereof shall be 
sentenced to suffer imprisonment in the workhouse of the District of 
Columbia for not less than three months nor more than one year, and 
such imprisonment shall not exempt such person from additional 
imprisonment for further neglect or refusal to make contribution as 
aforesaid : Provided, however, That if, after such conviction, any such 
parent shall appear before the court before wliich such conviction 



GOVERNMENT OF THE DISTEICT OF COLUMBIA. 189 

shall have taken place and shall show to the satisfaction of the court 
that the amount due under such order, up to the time of conviction, 
has been paid, and further, with good and sufficient surety, to be 
approved by said court, shall enter into bond to the United States in 
the penal sum of five hundred dollars, conditioned that he will there- 
after pay such sums as may have been ordered or that may thereafter 
be ordered to be paid by said court until such order shall be revoked, 
the said court may suspend sentence therein during the continuance 
of such bond. 

Sec. 7. That the disbursing officer of the Board of Cliildren's Guard- 
ians shall receive and shall be responsible under his bond for all 
moneys paid to said board under the provisions of this act, and shall 
pay the amounts so received by him into the Treasury of the United 
States within twenty days after the close of each fiscal quarter. 

Sec. 8. That all acts and portions of acts inconsistent with the pro- 
visions mentioned above are hereby repealed, and the terms of the 
provisions in the above sections shall become law on and after the date 
of approval. 

Approved March 3, 1901. (31 Stats., 1095.) 

When the Board of Children's Guardians place in private families 
children committed to the guardianship of said board by the courts 
of the District, such children shall, as far as practicable, be placed only 
in such families as are of the same religious denomination or belief as 
the parents or last surviving parent of the child. (31 Stat., 843.) 

THE NATIONAL TRAINING SCHOOL FOR BOYS AND THE GIRLS ' R]^FORM 

SCHOOL. 

There are two institutions in the District, one for boys (16 Stats., 
119) and one for girls (25 Stats., 245), the object of which is the 
reformation of boys and girls who are not susceptible of parental 
discipline, or who become liable to punishment by imprisonment for 
minor infractions of the law. Each of these institutions is managed 
by a separate board of trustees. 

The National Training School for Boys (sundry civil act. May 23, 
1908) is situated on the Bladensburg road, about 2 miles north of the 
city of Washington; the Reform School for Girls is on the Conduit 
road, near the District line. 

The boards of trustees of these institutions are appointed by the 
President of the United States. 

INSANE. 

Indigent insane persons resident of the District of Columbia are 
admitted for temporary detention into the Government Hospital for 
the Insane, at the expense of said District, at the request of the Com- 



190 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

missioners, and for permanent care and treatment when committed 
upon the Commissioners' request based upon the finding of a marshal's 
jury, confirmed by the justice holding the equity court. 

Nonresident indigent insane persons found in the District of Colum- 
bia are admitted upon the same conditions as the former, but it is the 
duty of the Commissioners to return them to their homes so soon as 
their domiciles can be ascertained. 

WORKHOUSE. 

The workhouse is for the confinement of persons convicted of minor 
offenses against the laws and sentenced to imprisonment for compara- 
tively short terms. Prisoners who are able to work and whom it is 
deemed prudent to employ outside of the workhouse are required to 
do various kinds of labor in the various departments of the asylum 
and on the asylum grounds and the public works. 

WASHINGTON ASYLUM. 

The object of tliis institution is the public relief and maintenance by 
the District of poor, infirm, and diseased persons who are in need of 
such assistance. All of its inmates who are able to work are required 
to be occupied in some kind of useful employment. 

JAIL. 

When any person is sentenced to imprisonment for a term not 
exceeding six months, the court may direct that such imprisonment 
shall be either in the workhouse or in the jail. Wlien any person is 
sentenced for a term longer than six months and not longer than one 
year, such imprisonment shall be in the jail, and where the sentence is 
imprisonment for more than one year it shall be in some penitentiary. 

INSURANCE DEPARTMENT. 

The Commissioners appoint a suj^erintendent of insurance, who, 
subject to the Commissioners' general directions, has supervision of 
all matters pertaining to insurance, insurance companies, and bene- 
ficial orders and associations. 

It is the duty of the superintendent to see that all laws of the 
United States relating to insurance or insurance companies, benefit 
orders, and associations doing business in the District are faithfully 
executed, with the object of preventing loss to insured persons 
through the mismanagement or insolvency of such companies. 

The list of fees exacted of such companies was established by order 
of P'ebruary 4, 1902, and is embraced among the items under head of 
"Methods of taxation." 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 191 

METROPOLITAN POLICE DEPARTMENT. 

Appointees on the police force of the District of Cohnnbia must be 
able to read, write, and speak the English language, be a citizen of 
the United States, and have resided in the District for two years next 
preceding the appointment, never have been indicted and convicted 
of crime, be at least 5 feet 8 inches in height, between 22 and 35 
years of age, of good health and reputation, and must pass an exam- 
ination as to his knowledge in the elementary branches of education 
and as to his knowledge of the principal localities of the District. 

The MetropoHtan police district of tlie District of Columbia shall 
be coextensive with the District of Columbia, and shall be subdivided 
into such police districts and precincts as the Commissioners of said 
District may from time to time direct. 

The Commissioners of said District shall appoint to office, assign to 
such duty or duties as they may prescribe, and promote all officers 
and members of said Metropolitan police force according to such 
rules and regulations as said Commissioners in their exclusive juris- 
diction and judgment may from time to time make, alter, or amend: 
Provided, That original appointments of privates on said pohce force 
at the time this Act takes effect shall be classified as follows: Class 
one : Privates who have served under their present appointments less 
than three years shall be included in class one, and at the expiration 
of three years from the date of said appointment shall be promoted 
to class two, if the conduct and intelligent attention to duty of such 
privates shall justify such promotion. Class two: Privates who have 
served under their present appointments more than three years and 
less tlian five years shall be included in class two, and after the expira- 
tion of five years from the date of said appointment shall be promoted 
to class three, if the conduct and intelligent attention to duty of such 
privates shall justify such promotion. Class three: Privates who 
have served under their present appointments more than five years 
shall be included in class three. All original appointments of privates 
shall be made to class one, and promotions shall be made from class 
one to class two in order of appointment to the force after three 
years' service as privates of class one, and from class two to class 
three after five years' service as privates of class two, in all cases 
where the conduct and intelligent attention to duty of any private 
shall justify such promotion. 

The said Metropolitan police force shall consist of one major and 
superintendent, who shall continue to be invested with such powers 
and charged with sucli duties as is provided by existing law, et al. 
(34 Stat. pt. 1. 221.) 

74986—09 13 



192 G()Vernmp:nt of the district of Columbia. 



STREET-UAILWAV CROSSING POLICEMEN. 



In addition to the above-mentioned force, the Commissioners are 
required to station special pohcemen at such street-railway crossings 
and intersections in the city of Wasliington as they deem necessary. 
Tlie expense of that service is paid i)ro rata by the respective street- 
railway companies, according to the number of cars of each company 
operated over such crossings. Tlie present number of such officers 
on duty is 37, and their compensation $75 per month each. They 
must possess the same quahfications for appointment and are subject 
to the same rules and discipline as members of the regular force. (30 
Stats., 489.) 



PRIVATE DETECTIVES. 



Private detectives may be appointed, wlio shall give bond, satisfac- 
tory to the Commissioners, for at least $10,000, and be subject to all 
laws which govern the police force in respect to persons, property^ 
and money. (14 Stats., 214.) 



ADDITIONAL AND SPECIAL POLICEMEN. 



Additional policemen are appointed by the Commissioners, whose 
jurisdiction extends over a definite and limited area, practically the 
immediate vicinity of the property of the persons who apply for their 
appointment (12 Stats., 322) ; for instance, the vicinage of a number 
of business houses and stores. 

Special policemen are appointed under the act of March 3, 1899, on 
the application of corporations or incUviduals, or in the Commission- 
ers' own discretion, for duty in connection with some specified prop- 
erty, as that of a railroad company or a storehouse. As in case of 
additional policemen, their compensation is paid by the person or 
corporation at whose instance they are appointed. They are subject 
to such general regulations as the Commissioners may prescribe. (30 
Stats., 1057.) 

The power of special policemen shall onl}^ be exercised by them in 
connection with the property of or under the charge of the corpora- 
tion or individual upon his apphcation for that appointment. (Order 
of Commissioners, June 7, 1899.) 



POLICE PRECINCTS. 



For facility of administration the police department is divided 
into 10 precincts, at each of which is a central station, located as here- 
inafter stated. The substation at Anacostia is in the fifth precinct. 



HOUSE OF DETENTION. 



The house of detention is a branch of the police department, where 
all persons under 17 years of age and women and girls over that age 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. lUo 

under arrest or held as witnesses to offenses against the laws arc 
detained pending examination or trial. 

The building occupied for this service is No. 505 Eighteenth 
street NW. 

POLICE PATROL AND AMBULANCK SYSTEMS. 

The police patrol system consists of a number of structures called 
''patrol boxes," generally distributed throughout the District, which 
contain apparatus for telephonic communication with the several 
police stations ; and of a number of vehicles to transport persons imder 
arrest without requiring the arresting officer to leave his beat 
unguarded. 

An ambvilance system is also under the supervision of the police 
department, to provide transportation for sick or injured persons in 
cases of emergency to a place where medical or surgical care and treat- 
ment may be promptly provided. 

SURGEONS OF POLICE AND FIRE DEPARTMENTS. 

The meiribers of the police and fire departments and the watchmen 
at the public parks are entitled to the gratuitous service of the sur- 
geons of the police and fire departments. These surgeons also make 
preliminary examinations of persons alleged to be insane and examine 
candidates for positions in the police and fire departments to deter- 
mine whether they are physically suitable for service in those depart- 
ments. 

POLICE FUND. 

The police fund is derived from the following sources: 

All fines imposed by the Commissioners upon members of the 
police force by way of discipline, and collectible from pay or salary; 
all rewards, fees, proceeds of gifts, and any portion of emoluments that 
may be paid and given for extraordinary service of any member of 
said force, which he shall not be allowed to retain. (12 Stats., 581.) 

All moneys arising from the sale of unclaimed goods in the custody 
of the property clerk of the police department. (lb., 325.) 

One dollar per month deducted from the pay of each regular police- 
man. (23 Stats., 316.) 

From fines in police court, enough to meet any inadequacy of other 
sources named. (29 Stats., 404; 31 Stats., 820.) 

From receipts for dog licenses, enough to meet any inadequacy of 
other sources named. (31 Stats., 820.) 

The sum so deducted shall be invested in United States or District 
bonds by the Treasurer of the United States, and be held by him sub- 
ject to the drafts of the Commissioners for expenditures made in pur- 



104 GOVERNMENT OF THE DISTRICT OF CCLUMBIA. 

siiance of law, and such expenditures shall be accounted for as required 
by law for other expenditures of the District. (23 Stats., 316.) 

And said fund shall be used as follows: 

The superintendent, assistant superintendent, any captain or lieu- 
tenant of police, in case of retirement as now provided by law (Feb- 
ruary 28, 1901), shall receive not exceeding $100 per month; and if, in 
case of the death from injury or disease of any of said officers, he leave 
children under 16 years of age, or a widow, the same shall be for their 
relief during the period of widowhood, or until such children reach 
the age of 16 years; but not exceeding $50 per month for a widow nor 
$25 per month for a child. (lb., see also act March 1, 1905 (33 Stats., 
821); seep. 193.) 

For the relief of any policeman who, by injury received or disease 
contracted in line of duty, or, having served not less than fifteen 
years, shall become so permanently disabled as to be discharged 
from service therefor; and in case of his death from such injury or 
disease, leaving a widow, or children imder sixteen years, for their 
relief: Provided further, That such relief shall not exceed for any 
one policeman or his family the sum of $50 per month: and a sum 
not exceeding $75 may be allowed from said fund to defray the 
fimeral expenses of any policeman dying in the sejvice of the Dis- 
trict. (23 Stats., 316.) 

For medical or surgical service or treatment not rendered by a 
surgeon of the police and fire departments, or any other like extraorch- 
nary expense rendered necessary by disability or injury contracted in 
the line of duty, when in the judgment of the Commissioners such 
expenditure is proper. (12 Stats., 325.) 

The present expenditures from this fund are about $82,000 a year. 

POLICE CLOTHING FUND. 

This department also has a fund to provide new uniforms or parts 
thereof to replace any part of such equipment destro^^ed or mate- 
rially damaged during the discharge of especially hazardous duty. 
This fund is derived from moneys received for rewards for arrest of 
deserters from the Army oi- Navy, and fi-om voluntary contributions, 
and miscellaneous sources. 

FlIUO DKPAKTMENT. 

The fire department of the District of Columbia embraces the 
entire territory of the District. 

Appointees of the fire department nmst possess the same qualifica- 
tions as those of the police department, except that they must not 
weigh less than 150 pounds nor be under 23 years of age nor over 35. 

The apparatus of the department also embraces a water tower 
and a number of combination chemical engines antl hose wagons. 



GOVEENMENT OF THE DISTRICT OF COLUMBIA. 195 



FIRE MARSHAL 



Tt is the duty of tlie fire marshal to ascertain as accuratel}^ as he 
can the cause of fires and tlie amount of loss occasioned thereby; to 
supervise the storage and use of highly inflammable substances, so as 
to minimize the risk and extent of damage by their combustion in 
that state, and to perform such other duties as may be assigned to 
him to lessen the probability and extent of loss to structures and 
injury to persons in consequence of fires. 



FIREMEN S RELIEF FUND. 



The firemen's relief fund is derived f. om deductions of $1 per month 
from the pay of each fireman (23 Stats., 317), and deficiencj^ therein is 
met out of the receipts from fines in the police court (29 Stats., 401) 
and from dog licenses, in common with the police fund. (31 Stats., 
820.) Fines imposed upon the force by way of discipline, and col- 
lectible fi'om pay or salary, are also placed in this fund. 

The deductions aforesaid shall be invested in United States or Dis- 
trict bonds and held in the manner provided by existing law in respect 
to the police fund. 

And said firemen's relief fund shall be used as follows: 

"Sec. 4. That hereafter the Commissioners of the District of Co- 
lumbia are hereby authorized and directed to deposit with the Treas- 
urer of the United States, out of receipts from fines in the police 
court and receipts from dog licenses, a sufficient amount to me(^t 
any deficiency in the policemen's fund or firemen's fund: Provided, 
That the chief engineer of the fire department and all other officers 
of said department of and above the rank of captain, the superintend- 
ent, assistant superintendent, any captain or lieutenant of police, 
in case of retirement as now provided by law, shall receive relief not 
exceeding one hundred dollars per month; and in case of the death 
from injury or disease of any member of the police or fire department, 
if he be unmarried and leave a dependent mother, who is a widow, 
the same shall be for her relief during the period of widowhood, or 
if he leave a widow, or children under sixteen years of age, the same 
shall be for their relief during the period of widowhood, or until siuh 
children reach the age of sixteen years: Provided, That in no case 
shall the amount paid to such dependent mother or widow exceed 
fifty dollars per month, nor shall the amount paid for a child exceed 
twenty-five dollars per month." 

Approved, March 1, 1905. (33 Stats., 821.) 

For the relief of any fireman who shall by reason of injuries received 
or disease contracted in the line of actual fire duty, going to, at, or 
returning from a fire, or, having served not less than fifteen years 



196 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

shall become so })ermanently disabled as to be discharged from service 
therefor, and in case of the death of such fireman from such injury or 
disease, leaving a mdow or children under 16 years of age, for their 
relief: Provided, That no fireman shall be entitled to any of the bene- 
fits of this relief fund who may by reason of his own indiscretion 
bring on any injury or disease which may incapacitate him from the 
j)erformance of his duties as a member of the fire department or who 
shall be retired for such cause or causes: Provided further, That such 
relief shall not exceed for any one fireman or his family the sum of 
$50 per month, and a sum not exceeding $75 may be allowed from 
such fund to defray the funeral expenses of any fireman dying in the 
service of the District. (29 Stats., 405.) 

"Sec. 4 a. That hereafter whenever any member of the fire depart- 
ment of the District of Columbia in the actual discharge of his duty 
shall become so disabled by injury as to require medical or surgical 
services or treatment other than such as can be rendered by the 
board of police and fire surgeons, the expense of such services or 
treatment may be paid from the firemen's pension fund: Provided, 
That no such expenses shall be paid except upon the recommenda- 
tion of the chief engineer of the fire department, approved by the 
Commissioners of said District, and such recommendation must be 
accompanied by a certificate from a member of the board of fire 
surgeons setting forth the nature and cause of the sickness or dis- 
ability which tendered such services or treatment necessary." Ap- 
proved, February 27, 1909. 

The present expenditures from this fund are about $37,000 per 
annum. 

HEALTH DEPARTMENT. 

The Commissioners appoint for such term of office as the}" tleem 
advisable a health oflPicer, who must be a physician, and who, as such 
officer, executes and enforces, under the direction of the Commission- 
ers, all laws and regulations designed to protect the public health. 
(20 Stats., 107.) 

Among the health oflicer's duties are the medical inspection of the 
public schools; the enforcement of the laws and regulations wliich 
relate to the prevention of the sale and use of deleterious articles of 
food; the isolation of persons ill with contagious diseases, in order to 
prevent the spread of such diseases, and the prevention of the intro- 
duction of such diseases from other localities; the impounding of 
vicious and unlicensed dogs and of other animals unlawfully kept or 
at large; the prevention and abatement of nuisances injurious to 
health; the enforcement of the law for the prevention of the emission 
of dense black or gray smoke; keeping a record of vital statistics, 
and furnishhig transcripts of such records. 



GOVERNMENT OF THE DISTKICT OF COLUMBIA. 197 

BOARDS OF MEDICAL EXAMINERS. 

The Commissioners of the District of Columbia appoint three boards 
of medical examiners. One of them is known as the board of medical 
examiners of the District of Columbia, and is composed of five physi- 
cians in good standing who are adherents to the regular system of 
medical practice. Another is know^n as the board of homeopathic 
medical examiners of the District of Columbia, and is composed of 
five physicians of good standing, adherents to the homeopathic system 
of medical practice, selected from a list of ten names submitted by a 
majority vote at some regular meeting of the Washington Homeo- 
pathic Medical Society. The other is known as the board of eclectic 
medical examiners of the District of Columbia, and is composed of 
five members in good standing, adherents to the eclectic system of 
medical practice, selected from a list of not less than ten names sub- 
mitted by a majority vote at some regular meeting of the Eclectic 
Medical Society of the District of Columbia. 

The members of each board serve for a term of three years each, or 
imtil their several successors are appointed. They must have been 
engaged in the practice of medicine and surgery in the District of 
Columbia for not less than five years at the time of appointment. In 
case of failure of the two medical societies to submit the lists men- 
tioned, after fifteen days' notice from the Commissioners, the Com- 
missioners may make appointments without such nomination. 

It is the duty of these boards to examine and certify to the board of 
medical supervisors the qualifications of all applicants for authority 
to practice medicine or surgery in the District of Columbia. 

A special board is appointed by the board of medical supervisors 
to make like certification as to applicants for authority to practice 
midwifery. 

It is the duty of the several boards of medical examiners to examine 
all applicants for license to practice medicine and surgery in the Dis- 
trict of Columbia certified to them respectively by the board of med- 
ical supervisors, in accordance with such rules as the board of medical 
supervisors, with the approval of the Commissioners, shall make. (29 
Stats., 198.) For fees see "Methods of taxation." 

BOARD OF MEDICAL SUPERVISORS. 

The board of medical supervisors consists of the presidents of the 
three boards of medical examiners before mentioned and two other 
persons not physicians, one of whom shall be learned in the law, to be 
appointed by the Commissioners of the District of Columbia for a 
term of three years, or until their successors are appointed. Not 
more than two members of said board shall be adherents of any one 



198 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

system of medical practice. The two lay membe s shall be paid such 
reasonable compensation as the Commissioners shall determine. 

The secretary of tliis board inaj be elected from others than its 
own members and be entitled to the same fees for taking testimony 
that are allowed an examinej- in chancery for such service. 

This board, or a majority thereof, iwij issue a license to each aj)pli- 
cant for authority to practice medicine, surgery, or midwifery in 
the District of Columbia who shall be found qualified therefor. 
No person shall so practice without such license, except su!"geons 
of the U. S. Armj", Navy, or Marine-Hospital Service, regularly 
licensed physicians and surgeons in actual consultation from other 
States and Territories, or regularly licensed physicians and surgeons 
actually called from other States or Territories to attend specified 
cases in the District of Columbia. But said prohibition shall not 
apply to the treatment of any case of actual emergency, to the prac- 
tice of massage or' the so-called Swedish movement cure, nor to the 
use of ordinary domestic lemedies, without fee, gift, or consideration 
of any kind. 

Any balance of the amount received for license fees lemaining after 
the regular expenses of the board shall be met shall be divided among 
the three boards of medical examines. (lb.) 

COMMISSIONERS OF PIIAKMACY. 

The Commissioners, biennially, or as often as vacancies occur, 
appoint three pharmacists and two physicians, all of whom shall have 
been residents of the District ol Columbia for five years and had at 
least five years practical experience in their respective professions, 
who shall be styled commissioners of pharmacy, and who serve as 
such, without compensation, until their successors are appointed and 
qualified. 

It is the duty of the commissioners of pharmacy to register all per- 
sons found qualified to practice the business of pharmacists in the Dis- 
trict of Columbia, as prescribed by law, and no person not so regis- 
tered shall conduct a store, pharmacy, or place for retailing, com- 
pounding, or dispensing drugs, medicines or chemicals for medicinal 
use or for compounding or dispensing physicians' prescriptions. 
The fees received by these commissione.s shall be applied in pay- 
ment of expenses incurred by them in executing the law-. (20 Stats., 
138.) For rate of fees see under "Methods of taxation." 

I'-OARJ) OK DENTAL EXAMINERS. 

The Commissioners appoint, for terms of five years, a board of 
dental examiners, consisting of five reputable dentists, residents of, 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 199 

and for tliree years immediately preceding their appointment actively 
engaged in the practice of dentistry in, the District. 

No person shall commence the practice of dentistry in the District 
^\ ho has not received a certificate from the board of dental examiners 
that he is qualified to practice dentistry, which has been duly regis- 
tered with the health officer. 

The expenses of the board are paid from the fees received for 
making examinations of applicants for such certificates. (27 Stats., 
42.) 

The rate of fees appears under ''Methods of taxation." 

STREET CLEANING. 

Many portions of the roadways of the paved streets are swept by 
horse machines under contract made for a period of five years. 
Other portions of such streets are cleaned l>y hand sweeping ma- 
chines, the operatives of which are employed by the superintendent 
of the street cleaning department, and uniformed in white to facilitate 
surveillance by the overseers and to secure neatness in theu* appearance. 

The unpaved streets and alleys are cleaned under two contracts 
also made for a term of five years. 

The daily area cleaned by hand in 1908 was 1,345,000 square yards. 
The hand sweeping machines are the property of the District. 

The machine cleaning is done under contract at 22f cents per 
1,000 square yards. During the past year 1,157,000 square yards 
of paved surface were cleaned daily. 

The unimproved streets are cleaned by contract at the contract 
price of $73.80 per day. For this sum the contractor furnishes 34 
laborers, 11 horses and carts with drivers, and all tools necessary to 
do the work. The area cleaned during 1908 was 97,000 square yards. 

The alley cleaning is done under contract at 40 cents per 1,000 
square yards. 

During 1908, 47 miles of unimproved streets and avenues were 
sprinkled daily, the cost of which was $480,805. 

COLLECTION AND DISPOSAL OF CITY REFUSE. 

The Commissioners enter into contract for periods not exceeding 
five years each for the removal of ashes and miscellaneous refuse 
from private residences, and for the collection and disposal of gar- 
bage, dead animals, and other noxious refuse wherever found in the 
District, and prescribe regulations for the government of this branch 
of the public service. 



200 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

All garbage collected must be disposed of through a reduction or 
consumption process in such manner a^ to entail no damage or 
claim against the District of Columbia from such disposal, and be sub- 
ject to the inspection and approval of the Commissioners. All gar- 
bage contracts expressly provide that no garbage or other vegetable or 
animal matter shall be dumped into the Potomac River or tiny other 
waters, fed to animals, or exposed to the elements upon land. 

The garbage so collected at present is carried by railroad down 
the west shore of the Potomac about 25 miles, to Cherry Hill, where it 
is converted into fertilizing material and other valuable by-products. 

The contract rate for the collection and disposal of garbage is 
$78,400 per annum. The contractors are required to make collections 
as follows: Daily throughout the year from markets, hotels, res- 
taurants, apartment houses, and such like places; daily, except Sun- 
day, from residences within the fire limits: and triweekly without the 
fire limits from May 1 to September 30, inclusive; and triweekly and 
semiweekly in the corresponding territorities during the balance of 
the year. 

In 1907, a total of 41,269 tons of garbage was collected and disposed 
of as against 39,975 tons the previous year, an increase of 1,294 tons. 

The contractor for miscellaneous refuse is required to collect 
weekly throughout the year, both within and without the fire limits, 
from private residences, apartment houses with not to exceed four 
families, and boarding houses with not to exceed 25 rooms. 

Ashes are collected from private residences, apartment houses with 
not to exceed four families, and boarding houses with not to exceed 25 
rooms as follows: Semiweekly within the hre limits and weekly with- 
out the fire limits from November 1 to April 15, inclusive; and weekly, 
both Avithin and without the fire limits during the balance of the year. 

ELECTRICAL AND STREET-LIGHTING SERVICE. 

The fire-alarm and telephone systems belonging to the District 
government, the street-lighting service, and the construction and 
condition of all electrical installations are subject to the surveillance 
of the District official styletl "the electrical engineer." 

The street-lighting service consists of gas, electric, and oil lights; 
the use of the latter is almost entirely confined to the country roads 
and remote suburbs. The cost of this service is paid out of the pub- 
lic funds, except the expense of lighting streets on which steam rail- 
roads are operated, which is paid by the railroad companies to 
which the railroads so used belong, and the cost of lighting a small 
number of crossings, where suburban street railways and country 
roads intersect, which is paid by the street-railway company whose 
tracks are crossed by such roads. 

Both ,<j,as and electricit}- for lighting ])iirposes are furnished by 
j)rivate companies. 



t 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 201 

CHILD LABOR. 

No child under fourteen years of age shall be permitted to work in 
any factory, workshop, mercantile establishment, store, business 
office, telegraph or telephone office, restaurant, hotel, apartment house 
club, theatre, bowling alley, laundry, bootblack stand, or in the 
distribution or transmission of merchandise or messages; nor in any 
work for wages or other compensation, when the public schools are 
in session, nor before six o'clock a. m. nor after seven p. m., except 
children employed in the Senate, or under permit of the judge of the 
juvenile court, who may permit the employment of any child between 
twelve and fourteen years at any proper occupation necessary for its 
support, or a disabled, ill, or invalid father or mother, younger brother 
or sister or widowed mother. 

No child under sixteen years of age shall be employed in any of 
the establishments named unless the employer keeps accessible to the 
inspectors and truant officers, an age and schooling certificate, and 
lists of all such children, conspicuously posted near the principal 
entrance of the building in which such children are employed. 

No minor under sixteen years of age shall be suffered to work in 
any of the establishments named more than eight hours in any one 
day, or before the hour of six o'clock antemeridian, or after the hour 
of seven o'clock postmeridian, and in no case shall the number of 
hours exceed forty-eight in a week. 

Every employer shall post in a conspicuous place in every room 
where such persons are employed a printed notice, stating the number 
of hours required of them on each diiy of the week, the hours of com- 
mencing and stopping work, and the hours when the time or times 
allowed for dinner or for other meals begin and end. 

No male child under ten and no girl under sixteen years of age 
shall exercise the trade of bootblacking, or sell or expose or offer for 
sale any newspapers, magazines, periodicals, or goods, wares, or 
merchandise of any description whatsoever, upon the streets, roads, 
or "highways, or in any public place; nor shall any male child under 
sixteen years exercise the trade of bootblacking or so sell or expose 
or offer for sale any newspapers, magazines, etc., unless a permit and 
badge shall have been issued to him. 

But no child to whom a permit and badge are so issued shall so sell 
or expose or offer for sale any newspapers, magazines, etc., after ten 
o'clock in the evening or before six o'clock in the morning. 

Nothing in this law shall apply to the employment of any child in 
a theatrical exhibition, provided the written consent of one of the 
Commissioners of the District of Columbia is first obtained. 

(Act May 28, 1908.) 



202 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

EXAMINERS IN VETERINARY MEDICINE. 

A board of examiners in veterinary medicine is appointed by the 
Commissioners of the District of Cohimbia, consisting of live reputable 
practitioners of veterinary medicine, who shall have gradiuited from 
some college authorized by law to confer degrees, each of whom shall 
have been a bona fide resident of said District for three years last past 
before appointment, and each, during said period, shall have been 
actively engaged in the practice of his profession in said District. 
The appointments first made shall be one for one yeiir, one for two 
years, one for three years, one for four years, and one for five years, 
and thereafter appointments shall be for a period of five years, except 
such as are occasioned by death, resignation, or removal, in which 
cases the appointments shall be for the remainders of the unexpired 
terms: Provided, That the said Commissioners may, in their judg- 
ment, remove any member of said board for neglect of duty or other 
sufficient cause, after due notice and hearing. 

The Commissioners of the District of Columbia shall have power to 
require any or all officers of said board to give bond to the District of 
Columbia in such form and penalty as they may deem proper. The 
said board shall in the month of July in each year submit to said 
Commissioners a full report of its transactions during the twelve 
months immediately preceding. 

(Act of P'ebruary 1,1907.) 

STREET RAILWAYS. 

All street railways operated in the District of Columbia do so under 
cliarters granted by Congress. 

WATER SUPPLY. 

The water-su])ply system is owned and controlled by the Govern- 
ment. 

The water supply is obtained from the Potomac River by means of 
a dam at Great Falls, and thence through an ac[ueduct, about 17 miles 
long, and a system of settling and storage reservoirs. This aqueduct 
has a circular section of 9 feet diameter for the upper 14 miles, and a 
D-shaped section of the same diameter for the remainder. This part 
of the water-supply system is under the charge of the Chief of Engi- 
neers of the United States Army. A sand filtration plant is an 
adjunct to this service. 

The distribution of the water to private consumers is efi'ected by a 
system of mains and services laid and controlled under the supervision 
of the District government. 

The cost of laying mains is paid out of the water fund, but private 
property for whose special benefit minor water mains are laid is spe- 
cially asses.sed therefor at a flat rate of $1.25 ])cr front foot. 

The average daily delivery of w^ater by this system is al)()ut 
65,000,000 gallons. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 203 

For charges for use of water and assessments for water main, see 
under head of ^' Methods of taxation." 

A hmited supply of water is derived from a few shallow and 33 
deep wells, constructed by the District government and variously 
distributed. 

SEWER SYSTEM,. 

The sewerage system consists of a number of trunk sewers which 
will intercept and convey to the pumping station at the southern 
extremity of New Jersey avenue the entire sewage of the city and the 
storm water of the lower portion of the Tiber Valley. The se\vage 
will be pumped from the pumping station across the Anacostia River 
in an inverted siphon; thence carried along the I'eft bank of the 
Potomac River to near the United States naval magazine, where it 
will be discharged into the river. The pumping station also includes a 
plan for elevating the storm water of the low area of the city adjacent 
to Pennsylvania avenue during freshet stages of the Potomac, dis- 
charging the same into the Anacostia River. 

SURVEYOR. 

The Commissioners appoint a surveyor of the District of Columbia 
for a period of four years, at a salary of $3,000 per annum. (28 Stat., 
689.) His principal duty is to measure and mark the boundaries of 
lots or other subdivisions of land, and furnish certificates of such 
measurement and the area of the lots, in square feet, to persons apply- 
ing to him for such services, and to do similar work for the District. 
The Commissioners fix a schedule of fees to be charged by him for all 
work done for private persons, to be paid into the Treasury. The 
surveyor charges no fees for work done by him for the District. 

The surveyor also requires applicants for surveys of unsubdivided 
tracts to provide monuments to be used in connection with such sur- 
veys. (Order February 15, 1902.) 

For list of fees of this office, see under head ''Methods of taxation." 

HARBOR MASTER. 

The laws and regulations to prevent the obstruction or pollution of 
the harbor and to maintain the pubHc pei>.ce in its vicinity are enforced 
by the harbor master, under the direction of the major and superin- 
tendent of police, who also performs many other germane services. 
His duties are facilitated by a steam vessel, and a crew, and several 
police officers subject to his direction. He is a lieutenant of police 
assigned to that duty. (33 Stat., pt. 1, 902.) 

WHARF PROPERTY AND HARBOR LINES. 

The Commissioners of the District of Columbia have exclusive juris- 
diction over all wharf property belonging to the United vStates or the 
District of Columbia in said District, and the waters adjacent thereto 



204 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

within the pier lines, except from the north Une of the Arsenal grounds 
to the southern curb of N street south, and 500 linear feet of shore 
line in the flushing reservoir at the foot of Seventeenth street west 
and the western curb of said street, including a levee 100 feet wide. 

The Commissioners and the Chief of Engineers of the Army are 
authorized to make all necessary rules and regulations for the proper 
care of said propert}'^, and fix the rate of wharfage; but no lease shall 
extend beyonil the period of ten years. 

The Commissioners and the Chief of Engineers of the Army, with 
the approval of the Secretary of War, have fixed the harbor lines. 
(L. R. 107740; 30 Stats., 1377.) 

PUBLIC BATHS. 

A free public bathing beach was constructed on the shore of the 
tidal reservoir under authority of an act of Congress approved Sep- 
tember 6, 1S90, and was maintained until abandoned on September 1, 
1902. 

Several pojids formerly used by the Fish Commission for purposes 
of fish cultun^ have been transferred to the District authorities for 
public baths, and are in course of adaptation to such use. 

The expense of management and maintenance is paid out of the Dis- 
trict's revenues, as other general expenses are met. A small fee is 
charged for the hire of bathing suits to bathers who do not use their 
own, and this fee is paid into the Treasury, as other revenues of the 
District are deposited. 

STEAM ENGINEERS. 

It is unlawful for any person (except engineers who have been 
licensed by the United States Government or the laws of any State) 
to act as steam engineer in the District of Columbia who shall not 
have been regularly licensed to do so by the Commissioners thereof, 
and have been examined by a board of examiners composed of the 
boiler inspector of the District of Columbia and two practical engi- 
neers to bo appointed by the District Commissioners, under rules and 
regidations the Commissioners from time to time provide. For fees 
see "Methods of taxation." 

Steam engine^ers must be at least 21 years of age and of temperate 
habits. 

The fee for a license as such is .|3 for original examination or 
promotion. 

For intoxication on duty, for the first offense the license shall be 
suspended for six months; for the second offense, twelve months; and 
for the third offense shall be revoked and the licensee ineligible for 
license for five years. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 205 

Any owner or lessee of steam boiler or engine (except boilers used 
for steam heating, where the water returns to the l^oiler without the 
use of a pump antl injector or inspirator, and which are worked auto- 
matically), or the secretary of any corporation, who shall knowingly 
emplo};^ a steam engineer as such who has not been regularly licensed,, 
shall be fined $50, or in default confined one month in the workhouse. 
(24 Stats., 427.) 

PARKS AND PARKING. 

The parking and trees along the sidewalks are under the supervision 
and control of the Commissioners of the District. 

There are approximately 85,000 sidewalk trees. 

The large parks in the city, such as trhat around the White House 
and the Monument, the various parked squares, and the circles and 
triangular parks formed by the intersection of streets and avenues, 
are under the control of the officer in charge of public buildings and 
grounds, who is an officer of the Corps of Engineers of the Army. 

Rock Creek Park is under charge of a board of control composed of 
the Commissioners of the District of Columbia and the Chief of Engi- 
neers of the Army. It contains approximately 1 ,600 acres. (26 Stats., 
492; 28 Stats., 252; 31 Stats., 573.) 

The Zoological Park contains approximately 175 acres and is under 
charge of the Secretary of the Smithsonian Institution. (25 Stats,, 
808; 26 Stats., 78; 31 Stats., 561; 31 Stats., 622.) 

The Potomac Park contains 621 acres. It consists of the greater 
part of the large tract of land south of north B street which has been 
reclaimed from the Potomac River, and is under the general charge of 
the Chief of Engineers of the Army. (29 Stats., 624; 31 Stats., 622.) 

INSPECTION OF BOILERS. 

The inspector of boilers is appointed by the Commissioners, and 
required by law to examine and test once each year every steam boiler 
used by private persons in the District for developing power to operate 
machinery, and condemn for use those which he decides to be unsafe. 
He is entitled to exact a fee of S5, for each examination from the 
owner of each boiler he so tests, but receives no salary from the Dis- 
trict government for that service. (L. A., 433.) 

All boilers and engines shall also be subject to such safety tests as 
the Commissioners prescribe. (24 Stats., 427.) 

INSPECTION OF BUILDINGS. 

It is unlawful to erect, alter, repair, remove, or demolish any pri- 
vate building in the District without permission of the Inspector of 
Buildings and in accordance with the building regulations. The 
inspector is also charged with the duty of causing defective or dan- 
srerous structures to be demolished. 



206 GOVERNMENT OK THE DISTRICT OF COLUMBIA. 

FEES FOR BriLDlX(; PEKMITS. 

The Commissioners of the District of Colinnl)iu are here!)}' author- 
ized and directed, from time "to time, to prescribe a schedule of fees 
to be paid for permits, certificates, and transcripts of records issued 
by the inspector of buildings of the District of Columbia, for the 
erection, alteration, repair, or removal of buildings and their appur- 
tenances, and for the location of certain establishments for which 
permits are now or hereafter may be required under the building 
regulations of the District of Columbia, said fees to cover the cost 
and expense of the issuance of said permits and certificates and of 
the inspection of the work, done under said permits; said schedule 
shall be printed and conspicuously displayed in the office of said 
inspector of buildings; said fees shall be paid to the collector of 
taxes of the District of Columbia and shall be deposited by liim in 
the Treasury of the United States to the credit of the revenues of 
the District of Columbia. (District of Columbia appropriation act. 
Mar. 3, 1909.) 

SEALEll OF WEIGHTS AND MEASUKES. 

The principal duty of the sealer of weights and measures is to 
I'equire that all scales, weights, and measures used b}" storekeepers 
and others to determine the weight or quantity of goods they buy or 
sell conform with the standard weight or size fixed by law and to affix 
his seal to those that are correct and destroy those that are not. The 
person by whom the scale or measure is used must pay a small fee for 
the service thus performed by this official. The fees so collected are 
paid into the Treasury as part of the District revenues. 

For fees see "Methods of taxation." 

This officer also lias unmediate supervision of the commissioners of 
flour, inspectors of wood, lumber, flour, boilers, and gauger of spirit- 
uous liquors, who receive the fees established by law for their services 
in lieu of salaries. 

SUPPLIES. 

The property clerk supervises the purchase and distribution of all 
supplies and stores for the use of the government of the District of 
Columbia. He gives bond in such sum as the Commissioners require. 
These supplies are furnished under contracts entered into with the 
lowest responsible bidders after due newspaper advertisement, except 
in cases of emergency, when special authority is given to purchase 
in open market. 



' GOVERNMENT OF THE DISTRICT OF COLUMBIA. 207 

INSPECTION AND MEASUREMENT OF FIREWOOD. 

Tt is contrary to law to sell any firewood brought into the District 
unless it has been inspected and approved b}^ an inspector and meas- 
urer appointed by the Commissioners for that purpose, whose duty it 
is to determine all questions as to the quality of the wood and as to its 
measurement, according to law. The compensation of these officials 
is derived from fees which are paid by the person who sells the wood. 
(W. D., 275; L. A., 176.) 

They get no salary from the District government. 

For rate of fees see "Methods of taxation." 

INSPECTION OF FLOUR. 

The Commissioners are required to appoint two inspectors of flour, 
whose duty it is to examine allfloursold within the District of Columbia, 
to ascertain whether it conforms in weight to the requirements of law 
and in quality to the standards fixed from time to time by the com- 
missioners of flour inspection. (30 Stats., 765; 31 wStats., 218.) 

For the rate of fees see ''Methods of taxation." 

COMMISSIONERS OF FLOUR INSPECTION. 

The Commissioners appoint three good and competent judges of 
flour who must be either practical millers, bakers, or flour merchants, 
as commissioners of flour inspection, to select standards for the guid- 
ance of the inspectors of flour. They are entitled to a fee of $5 each 
for each inspection on appeal. (30 Stats., 767.) 

INSPECTION OF GAS AND GAS METERS. 

The Commissioners appoint an inspector and assistant inspector of 
gas and meters, who are paid an annual salary as other salaries of the 
officers of the District government are paid, who must not be a stock- 
holder nor employee in any gas works. Their duty is to test and deter- 
mine the illuminating power and purity of the gas furnished by any 
company or person, and to test, prove, and seal all meters used by them. 

The assistant inspector must be a gas fitter by trade (18 Stats., 278). 

Both give bond in double the amount of their salary. 

The fees of the office must be deposited in the Treasury as other 
revenues. 

For the rate of such fees see under "Methods of taxation." 

INSPECTION OF LUMBER. 

All boards, plank, joist, scantling, and timber brought to and offered 
for sale in the District, which have not previously been inspected and 
measured and not marked with such measurement by an inspector and 
measurer of lumber duly appointed by the Commissioners, must be 

7498ti— 09 14 



208 GOVERNMENT OF THE DISTRICT OF COLUMBIA. 

inspected and measured by one of those officials, of whom there are 
five, wlio are entitled to receive for such services a fee of 30 cents per 
1,000 feet B. ^f., one-half of which shall be paid by the buyer and 
the other half by the seller. (W. D., 252, 461 ; L. A., 170, 258.) 

INSPECTION OF PLUMBING. 

It is the duty of the inspector of phinibini!; to require all plumbing, 
drainage, and sewerage work in connection with private premises to 
be done in accordance with the plumbing regulations. (27 Stats., 21.) 

He shall inspect, or cause to be inspected by his assistants, all houses 
when in course of erection in said District to see that the plumbing, 
drainage, and ventilation of sewers thereof conform to the regulations. 
Also, at any time during reasonable hours, on application of the owner 
or occupant, or the complaint under oath of any respectable citizen, to 
inspect, or cause to be inspected, any house in said District, and to 
examine the plumbing, drainage, and ventilation of sewers thereof. 

It is also liis duty to examine and pass upon all plans and specifica- 
tions filed in his office for proposed plumbing work and house drainage 
under the plumbing regulations. 

He also examines and considers, in connection with the health office, 
all plans for sewage disposal by means of broad irrigation or subsoil 
irrigation. 

PLUMBING BOARD. 

The plumbing board consists of two master plumbers, one journey- 
man plumber, and two employees of the District of Columbia having 
a knowledge of plumbing, gasfitting, and sanitary work, all appointed 
by the Commissioners. A majority of said board is a quorum. (30 
Stats., 477.) 

It is the duty of the plumbing board to examine all applicants for 
license as master plumbers or gas fitters and to report the results of 
examinations to said Commissioners, who issue a license to the appli- 
cant if satisfied that he is duly qualified. For fees see "Methods of 
taxation." 

HAY SCALES. 

Public weighing scales are located at several places in the District 
where it is convenient for farmers who bring hay to market in wagons 
to have each load weighed and obtain a certificate from a public weigh- 
master showing its weight, which must be done before the hay can be 
sold. (L. A., 367.) 

The weighmaster is not appointed like other officers of the District, 
but is a person who has bought at a public auction sale, which is held 
each year about the 1st of July, the right to use the public scales for 
one year and exact from persons \\ hose produce or animals he weighs 
the fees prescribed by law for his services, for rates of which see 
schedule of fees vmder heading: "Methods of taxation." 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 209 

PUBLIC MARKETS. 

Three markets in the District are under the control of the District 
authorities. One of them, at Seventh and C streets SE., is named 
the "Eastern Market" (L. A. 141, 375, 495) ; one at Twenty-first and 
K streets NW., called the "Western Market" (L. A., 217); and one 
in Georgetown, called the "Georgetown Market" (Acts of Georgetown, 
August 8, 186.3). 

The receipts from these markets during the fiscal year ended June 
30, 1908, were $17,729.57, and the authorized expenditures were 
$10,236.30, including $700.21 for repairs. 

CORONER. 

It is the duty of the coroner to hold an inquest over any dead per- 
son where the manner and cause of death are not known to be acci- 
dental or in the course of nature and to report to the grand jury the 
facts ascertained at inquests in all cases where the circumstances seem 
to require judicial investigation. (L. A., 174, 248, 292; 21 Stats., 
461.) 

His duties in case of absence or disability are performed by a deputy 
coroner. (28 Stats., 488.) 

The total number of deaths investigated by the coroner during the 
fiscal year 1902 was 865, of which 218 were from accidents and other 
forms of violence. 

JUDICIARY. 

The judiciary of the District of Columbia consists of a court of 
appeals, a supreme court, a police court, the municipal court, a 
number of United States commissioners, and a juvenile court. 

The court of appeals of the District of Columbia consists of a chief 
justice and two associate justices. The compensation of the chief 
justice is $7,500 per annum and that of the associate justices $7,000 
per annum each. 

The members of this court are appointed by the President and con- 
firmed by the Senate, and hold office during good behavior. 

The jurisdiction of this court extends to the review of the final 
orders and judgments of the supreme court of the District, and from 
such of its interlocutory orders as the court of appeals may allow in 
the interest of justice. It also has jurisdiction in cases of suits and 
controversies in law and equity arising under the patent or copyright 
laws, and damages for the infringement of any patent by action on the 
case in accordance with sections 4919, 4920, 4921, chapter 1, Title LX, 
Revised Statutes of the United States. Any ]3arty aggrieved by the 
decision of the Commissioner of Patents in any interference case may 
appeal therefrom to the court of appeals. 



210 GOVERNMEN1 <>F THK DISTRICT OK COUTMBIA. 

All appeal lies from the liiial judgment or decree of tlie court of 
appeals to the Su})reme Court of the United States in all cases in 
which the matter in dispute exceeds $5,000, and also without regard 
to the sum in dispute wherein is involved the validity of any patent 
or copyright, or in which is drawn in question the validity of any 
statute of or an authority exercised under the United States. 

The supreme court of the District of Columbia consists of one chief 
justice, with five associate justices, whose compensation is S6,000 per 
annum each. The members of this court are appointed by the Presi- 
dent of the United States and confirmed by the Senate, and hold office 
during good behavior. This court is a court of general jurisdiction, 
and it also has the same powers and exercises the same jurisdiction as 
the circuit courts of the United States. It has cognizance of all crimes 
and offenses c<mimitted witliin the District, and of all cases in law and 
equity between parties, both or either of whom shall be resident or be 
found within the District, and also of all actions or suits of a civil 
nature at common law or in equity in which the United States shall be 
]>laintiff or complainant, and of all seizures on land or on water, antl 
of all penalties and forfeitures arising or accruing under the laws of 
the United States. It is invested with jurisdiction to issue writs of 
mandamus to executive officers of the Federal and municipal govern- 
ments, it has also appellate jurisdiction over justices of the peace. It 
has jurisdiction of all applications for divorce, and may entertain 
petitions for change of name; and it has concurrent jurisdiction with 
justices of the peace when the amount in controversy exceeds $50 
and is less than $300. Appeals lie from this court to the court of 
appeals. It is divided into a circuit court, an equity court, a dis- 
trict court, a criminal court, and a probate court. 

The police court consists of two judges, whose compensation is 
$3,000 per annum each. They are appointed by the President of the 
United States for a term of six years. The jurisdiction of the court 
extends to the disposition of cases involving minor offenses against the 
criminal laws and the holding of persons brought before it for the 
action of the grand jury. Appeals lie from this court to the court of 
appeals. 

The judge of the juvenile court is appointed by the President of 
the United States for a term of six years, and is entitled to a salary 
of $3,000. The juvenile court of the District of Columbia has original 
and exclusive jurisdiction of all crimes and offenses of persons under 
seventeen years of age hereafter committed against the United States, 
not capital or otherwise infamous, and not punishable by imprison- 
ment in the penitentiary, committed within the District of Columbia 
except libel, conspiracy, and violations of the post-oflice and pension 
laws of the United ^States, and also of all offenses of persons under 
seventeen vears of age hereafter committed against the laws, ordi- 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 211 

nances, and regulations of the District of Columbia, and shall have 
power to examine and commit or hold to bail all persons under 
seventeen years of age, either for trial or further examination, in all 
cases, whether cognizable therein or in the supreme court of the 
District of Columbia; all the powers and jurisdiction conferred by 
the Act entitled "An act for the protection of cliildren, and so forth," 
approved February thirteenth, eighteen hundred and eighty-five, 
upon the police court of the District of Columbia; of all cases involv- 
ing the legal punishment of children under the provisions of ' 'An 
act to provide for the care of dependent children in the District of 
Columbia and to create a Board of Children's Guardians," approved 
Jul}^ twenty-sixth, eighteen hundred and ninety-two, and of the acts 
amendatory thereof; also of all cases under the provisions of "An 
act to enlarge the powers of the courts of the District of Columbia 
in cases involving delinquent children, and for other purposes," 
approved March third, nineteen hundred and one; and concurrently 
\vith the criminal court, have and exercise all the powers and juris- 
diction conferred by said last-mentioned act upon the police court 
of the District of Columbia in the case of parents or guardians who 
shall refuse or neglect to provide food, clothing, and shelter for am'^ 
child under the age of fourteen years; may impose contlitions upon 
any person found guilty under the said last-mentioned act, and so 
long as such person shall comply therewith to the satisfaction of the 
court may suspend sentence, and may impose similar conditions in 
all cases of dependent or delinquent children cognizable under exist- 
ing laws in any court of the District of Columbia, except in the cases 
hereinbefore already excepted. The said juvenile court may also 
hear, try, and determine all cases of persons less than seventeen 
years of age charged with habitual truancy from school, and in its 
discretion to commit them to the Board of Cliildren' s Guardians, who 
are hereb}" given the care and supervision thereof when so committed. 
No person under seventeen years of age shall hereafter be placed in 
any institution supported wholly or in part at the public expense 
until the fact of delinquency or dependency has been first ascertained 
and declared by the said juvenile court. All children of the class 
now liable to be committed to the Reform School for Boys and the 
Reform School for Girls shall hereafter be committed by the juvenile 
court to said schools respectively. All other children delinquent, 
neglected, or dependent (with the exceptions hereinbefore stated) 
shall hereafter be committed by the juvenile court to the care of the 
Board of Children's Guardians, either for a limited period on proba- 
tion or during minority, as circumstances may require, and no cliild 
once committed to an}' public institution by the order of the juvenile 
court shall be discharged or paroled therefrom or transferred to 
another institution without the consent and approval of the said 
court. March 10, 1906 (34 vStat., part 1, 73). The juvenile court of 



212 GOVERNMENT OF THE DISTKK'T OF COLUMBIA. 

llio District of Columbia .shall iuivc power to issue execution on all 
forfeited recognizances upon motion of the proper prosecuting 
ollicer, and all writs of fieri facias o\- otlier writs of execution issued 
by said court shall be directed to and executed by the marshal of the 
District of Columbia. And any lecognizance taken in the jm^enile 
court, after being forfeited, may be transmitted to the clerk's oilice 
of the supreme court of the District of Columbia and therein docketed 
in the same manner as forfeited recognizances taken in tlie police 
court are now docketed, and thereupon shall have the same efl'ect as 
if taken in said supreme court; and said lien shall continue as long 
as such judgment, decree, or recognizance shall be in force or until 
the same shall be satisfied or discharged. 
Approved. March 4, 1009. 

THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA. 

The inferior court known as ''justice of the peace" in the District 
of Columbia shall remain as now constituted, but shall hereafter be 
known as "the municipal court of the District of Columbia." It 
shall consist of the present justices of the peace of said District, wdio 
shall serve as the judged of said court for the unexpired terms of their 
now existing commissions, and who shall not be required to be recom- 
missioned for said unexpired terms. Thereafter, and upon the expira- 
tion of the commission of any of said members, his successor shall be 
appointed by the President of the United States, by and with the 
advice and consent of the Senate, for a term of four years, unless 
sooner removed as })rovided by law: Provided, That no person shall 
be appointed to said office unless he shall have been a bona fide 
citizen and resident of said District for tlu^ continuous period of at 
least five years immediately preceding his appointment, and shall 
either have been a judge of said court for at least one year, or shall 
have been engaged in the actual practice of law before the supreme 
court of the District of Columbia for a period of at least five years prior 
to his appointment. P.ach judge, when appointed, shall take an oath 
for the faithful and impartial performance of the duties of his office. 
The judges of said court shall no longer be required to give bond as 
heretofore, but a bond shall be given by the clerk of said court, who 
shall receive and account for all fees as hereinafter provided. Said 
municipal court shall sit for the trial of causes in one building to be 
designated by the Commissioners of the District of Columbia, to be 
rented by said District of Columbia at a rental not to exceed one 
thousand eight lumdi'ed dollars per annum: Provided, That the first 
vacancy occurring in the office of judge in the municipal court of the 
District of Columbia, after the passage of this act shall not be filled, 
and thereafter the number of said judges shall be five only. 



GOVERISTMENT OF THE DISTRICT OP COLUMBIA. 213 

The said court and each member thereof shall exercise the same 
jurisdiction as was vested in them as justice of the peace immediately 
before the passage of this act, and no more, and shall be governed by 
the laws then in force, except, as said laws and said jurisdiction are 
expressly changed or enlarged hereby. 

Any member of said court may try any case within its jurisdiction 
according to law, regardless of the place and residence of the defendant 
therein. The jurisdiction of said court is hereby increased from three 
hundred to five hundred dollars in the class of cases over which it had 
jurisdiction immediately prior to the passage of this act; that said 
jurisdiction shall be exclusive when the amount claimed for debt or 
damages or the value of personal property claimed does not exceed 
one hundred dollars, and concurrent with the supreme court of the 
District of Columbia when it exceeds one hundred dollars and is not 
in excess of five hundred dollars, with the same right to remove any 
case by certiorari, as heretofore, in cases of concurrent jurisdiction. 

All pending actions and all actions hereinafter instituted shall be 
assigned for trial among the members of said court in nearly equal 
numbers and in such manner as may be agreed upon between them. 
The judges of said court shall hold separate sessions as heretofore, and 
are empowered to make rules for the apportionment of the business 
between them, and the act of each of said judges respecting the busi- 
ness of said court shall be deemed and taken to be the act of said court. 
Each of said judges is hereby empowered to administer oaths. The 
judges of said court shall receive the annual salary of two thousand 
five hundred dollars in lieu of the salary heretofore provided for 
justices of the peace by section six of the Code of Law for the District 
of Columbia, to be paid monthly as heretofore, but they shall not 
receive the allowance heretofore granted for rent, stationery, and 
other expenses. In case of sickness, absence, disability, expiration of 
term of service of or death of either of the judges of the police court 
or of the juvenile court, any one of the justices of the supreme court 
of the District of Columbia may designate one of the judges of the 
municipal court to discharge the duties of said judges until such 
disabihty be removed or vacancy filled. The justice so designated 
shall take the same oath prescribed for these judges. 

The said court shall have power to appoint a clerk at an annual salary 
of one thousand five hundred dollars and an assistant clerk at an 
annual salary of one thousand dollars, payable monthly by the District 
of Columbia, which clerks shall hold office at the pleasure of the court. 

The clerks shall receive and care for all deposits for costs made and 
fees exacted under the rules governing the fee charges of said court, 
and shall make a weekly deposit with the collector of taxes for the 
District of Columbia of all fees earned during the preceding week. 



214 GOVERNMENT OF THE DISTRICT 01' COLUMBIA. 

He shall return to suitors making such deposits any proportion of a 
deposit which shall remain in his hands over and above the earned fees 
in completed cases, and shall render an itemized statement to the 
auditor of the District of Columbia of every fee earned, on such forms 
and in such manner as shall ))e prescribed by the auditor of the District 
of Columbia. In case there shall remain in the hands of the said clerk 
for a term of three years a balance or part of a deposit in any case 
which shall not have been called for by the party or jnirties entitled 
to receive the same, the same shall revert to the District of Columbia, 
and be paid forthwith to the collector of taxes as part of the revenues 
of the District of Columbia. 

In all suits in said court process shall be signed by the said clerk or 
assistant clerk in the name of the court. The assistant clerk may sign 
the name of the clerk to any official act required by law or by the 
practice of the court to be performed by the clerk. In such case the 

signature shall be ' ' , Clerk, by , Assistant 

Clerk." 

Both the clerk and assistant clerk are hereby given authoritj^ to ad- 
minister oaths in all cases pending in said court, or about to be filed 
therein. 

The clerk shall perform such other and further duties as may from 
time to time be prescribed by the municipal court. 

He shall give bond to the District of Columbia in the sum of five 
thousand dollars, with surety or sureties to be approved by the Com- 
missioners of the District of Columbia, for the faithful performance of 
the duties of his office, and the assistant clerk shall give a like bond 
in the sum of two thousand dollars : Provided, That the expenditures 
to be incurred under any of the provisions of this act shall not in any 
case exceed the total amount of revenues and fees of the said municipal 
court. 

The said clerk shall keep a docket similar to the one heretofore pro- 
vided for justices of the peace. 

Approved, February 17, 1909. 

The United States commissioners are appointed by the supreme 
court of the District. They are essentially examining magistrates, 
who conduct investigations into alleged violation of United States laws 
and decide whether parties appearing before them shall be brought 
lief ore the grand jury. 

STATUTE LIMITATIONS. 

The statute limitations are: Regaiding judgments, twelve years; 
notes, three 3^ears, and open accounts, three years. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 215 

LEGAL RATE OF INTEREST. 

The legal rate of interest, in the District is 6 per cent per annum 
where no rate is specified, but contracts may be made for any rate not 
exceeding 10 per cent per annum. (Code of Law, D. C, sees. 1178, 
1179.) The rate of interest on judgments against the District of 
Columbia is 4 per centum (32 Stat.-, pt. 1, 610). 

THE LAW IN FORCE IN THE DISTRICT. 

The laws of the District have been derived from many sources. 
The law of Maryland, when that State gave to the United States the 
present territory comprising the District, was composed of the com- 
mon law of England, the acts of the British Parliament found appli- 
cable to the condition of the people, and the enactments of the provin- 
cial and State legislatures of Maryland. This law was continued in 
force in the District of Columbia by an act of Congress of February 
27, 1801. It has been modified by subsequent laws of Congress, the 
numerous laws and ordinances of the municipal corporations which 
have existed in the District ; by the orders made by the Commissioners 
in pursuance of the acts of Congress granting to them the power to 
make police and other municipal regulations, and recently by a code 
of law which Congress enacted to simplify and systematically arrange 
the principal laws and methods of court procedure. 

MILITIA. 

The militia of the District is organized under an act of Congress 
approved March 1, 1899. (25 Stats., 772.) This law requires that 
every male citizen of the District of Columbia of the age of 18 and 
under the age of 45 shall be enrolled, except municipal and judicial 
officers, officers and ex-officers of the United States Army and Navy, 
officers who have served for five years in the militia of the District or 
of any State of the United States, ministers of religion, practicing 
physicians, railroad conductors and engineers, policemen, firemen, 
idiots, lunatics, drunkards, paupers, and persons convicted of infamous 
crimes, except as it may be modified by the act of Congress approved 
January 21, 1903, entitled "An act to promote the efficiency of the 
militia, and for other purposes." (See also act approved Feb. 18, 
1909.) 

RELIGION. 

The first amendment to the Constitution of the United States, which 
provides that "Congress shall make no law respecting an establish- 
ment of religion or prohibiting the free exercise thereof," precludes 
legislation on that subject in the District of Columbia, in view of the 
fact that Congress exercises exclusive legislative authority at the seat 
of crovernment. 



216 GOVERNMENT OF THE DISTRICT OF COLTTMBIA. 

SEAL. 

The seal of the District of Columbia was adopted by the act of the 
legislative assembh', as follows: 

AN ACT adopting a seal for the District of Columbia. 

Be it enacted hij the legislative assembly of the District of Columbia, Thai tlu' following 
design be, and the same hereby is, adopted for the seal of the District of Columbia. 
[Here follows design.] 



Sec. 2. And be it further enacted, That the secretary of the District shall have the 
official charge and custody of said seal. 

Sec. 3. And be it further enacted, That the use of said design, as the seal of the Dis- 
trict, by the executive department of the District government is hereby approved 
and legalized. 

Sec. 4. And be it further enacted, That in view of the emergency arising from the 
necessity for and use of the seal of the District, this act shall go into effect imme- 
diately upon its passage. 

Approved, Augusts, 1871. 

This act was passed in pursuance of the authority granted to said 
assembly by "an act to provide a government for the District of 
Columbia," approved February 21, 1871 (16 Stats., 419). The office 
of the secretary of the District of Columbia, in whose custody the seal 
was placed by that act, was abolished by the act of June 20, 1874, and 
the seal has since been used by the secretary to the Board of Com- 
missioners of the District of Columbia as the representative of said 
board. The legend on the scroll on this seal is ''Justitia Omnibus;" 
the date in the wreath, "1871," and the word on the book on the arm 
of the female figure is ''Constitution," in three lines of four letters 
each. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 



217 



List of the principal municipal authorities of the cities of Washington, and Georgetown and 

of the District of Columbia. 



COMMISSIONERS TO LAY OUT 
THE CITY OF WASHINGTON. 



Thomas Johnson, Maryland 

Daniel Carroll, Maryland 

David Stuart, Virginia.^. 

Gustavas Scott, Maryland 

Wm. Thornton, Pennsylvania. 
Alexander White, Maryland . . . 

William Cranch, Maryland 

Tristam Dalton, Maryland 



Period. 



MAYORS OF THE CITY OF WASH- 
INGTON. 



Robert Brent 

Daniel Rapine 

James H. Blake 

Benjamin G. Orr 

Samuel N. Smallwood. 



Thomas Carlserry 

Roger C. Weightman 

Joseph Gales, jr 

John P. Van Ness 

William A. Bradley 

Peter Force 

William Winston Seaton. 

Walter Lenox 

John W. Maury 

John T. Towers 

William B. Magruder 

James G. Berret 

R ichard Wallach 

Sayles J. Bowen 

Matthew Gault Emery . . 



MAYORS OP THE CITY OF GEORGE- 
TOWN. 

Roliert Peter 

Lloyd Beall 

Daniel Rentzel 

Thomas Corcoran 



David Wiley 

John Peter 

Henry Foxhall 

John Cox 

Henry Addison 

Richard R. Crawford 

Charles B. Welch 

Henry M. Sweeney.. 



June, 1802, to 

June, 1812. 
June, 1812, to 

June, 1813. 
June, 1813, to 

June, 1817. 
June, 1817, to 

June, 1819. 
June, 18U), to 

June,1822,and 

June, 1824, to 

Sept. 30, 1824. 
June, 1822, to 

June, 1824. 
Oct. 4, 1824, to 

July 31, 1827. 
July 31, 1827, to 

June, 1830. 
June, 1830, 

June, 1834. 
June, 1834, 

June, 1836. 
June, 183(i, 

June, 1840. 
June, 1840, 

June, 1850. 
June, 1850, 

June, 1852. 
June, 1852, 

June, 1854. 
June, 1854, 

June, 185(). 
June, 185(i, 

June, 1858. 
June, 1858, 

Aug. 24, 1861. 
Aug. 26, 1861, to 

June, 1868. 
June, 1868, to 

June, 1870. 
June, 1870, to 

June, 1871. 



1789 to 1798. 
1798 to 1803. 
1803 to 1805, and 

180(i to 1808. 
1805 to 1806, and 

1808 to 1811, 

and 1812 to 

1813, and 1818 

to 1819. 
1811 to 1812. 
1813 to 1818, and 

1821 to 1822. 
1819 to 1821. 
1822 to 1845. 
1845 to 1857, and 

1859 to 1857. 
1857 to 1859. 
1867 to 1869. 
1869 to 1871. 



to 



to 



to 



to 



to 



to 



to 



Name. 



GOVERNORS OF THE DISTRICT 
AND EX OFFICIO PRESIDENTS 
OF THE BOARD OF PUBLIC 
WORKS. 

Henry D. Cooke 

Alexander Robey Shepherd 

DELEGATE TO CONGRESS. 

Norton P. Chipman 

SECRETARIES. 

Norton P. Chipman 

Edwin L. Stanton 



Richard Harrington 

BOARD OF PUBLIC WORKS. 

Henry D. Cooke 

Alexander Robey Shepherd. 



S. P. Brown 

A. B.Mullett 

James A. Magruder 

.Vdolph Cluss 

Henry A. Willard 

John B. Blake 

BOARD OF HEALTH. 

N. S. Lincoln 

T. S. Verdi 

H. A. Willard 



John M. Langston. , 
John Marbury, jr.. 
D. Willard Bliss... 
Robert B. Warden. 
Christopher C. Cox. 



COMMISSIONERS OF THE DIS- 
TRICT OF COLUMBIA. 

Temporary government. 
William Dennison 



Henry T. Blow 

John H. Ketcham 

Seth Ledyard Phelps. 



Period. 



Thomas B. Bryan, succeeded 

Ketcham. 
Capt. Richard L. Hoxie, engi- 
neer to the Board of Com- 
missioners. 
William Tindall, secretary to 
the board. 

The law made no provision 
for a president to this board of 
temporary Commissioners, and 
none was ever elected, but 
Commissioner Dennison acted 
in that capacity at all board 
sessions when he was present. 



Feb. 28, 1871, to 
Sept. 13, 1873. 

Sept. 13, 1873, to 
June 20, 1874. 

Apr. 21, 1871, to 
Mar. 4, 1875. 

Mar. 2, 1871, to 
Apr. 21, 1871. 

May 19, 1871, to 
Sept. 22, 1873. 

Sept. 22, 1873, to 
June 20, 1874. 

While governor. 

Mar. 16, 1871, to 
Sept. 13, 1873, 
and while gov- 
ernor. 

Mar. 16, 1871, to 
Sept. 13, 1873. 

Mar. 16, 1871, to 
June 2, 1873. 

Mar. 10, 1871, to 
June 20, 1874. 

Jan. 2, 1873, to 
June 20, 1874. 

May 22, 1873, to 
June 20, 1874. 

Sept. 13, 1873, to 
June 20, 1874. 

Mar. 15, 1871, to 
Mar. 22, 1871. 

Mar. 15, 1871 to 
July 1, 1878. 

Mar. 15,1871; de- 
clined ap- 
pointment. 

Mar. 15, 1871, to 
Nov. 10, 1877. 

Mar. 15, 1871, to 
July 1, 1878. 

May 23, 1872, to 
July 1, 1878. 

Nov. 10, 1877. to 
July 1, 1878. 

Apr. 3, 1871, to 
July 1, 1878. 



Julyl, 1874, to 

July 1, 1878. 
July 1, 1874, to 

Dec. 31, 1874. 
July 3, 1874, to 

June 30, 1877. 
Jan. 18, 1875, to 

June 30, 1878. 
Dec. 3, 1877, to 

July 1, 1878. 
July 2, 1874, to 

July 1, 1878. 



218 



(JOVERNMKNT oK THK DISTRICT OF COLUMBIA, 



List of the principal municipal authorities of the cities of Washington and Georgetown and 
of the District of Columbia — Continued. 



Period. 



COMMISSIONERS OF THE DISTRICT 

OF COLUMBIA — continued. 

Permanent form, uf govemmtnl. 

Josiah Dent 

Seth Ledyard Phelps 

Maj. William Johnson Twining .. 

Thomas PhiUips Morgan 

Maj. Garrett J. Lydecker 

Joseph Rodman West 

James Barker Edmonds 

William Benning Webb 

Samuel Edwin Wheat ley 

Col. WiUiam Ludlow 

Maj. Charles Walker Raymond. . . 

John Watkinson Douglass 

Lemon Galpin Hine 

Lieut. Col. Henry Martyn 

Robert. 
John Wesley Ross 



Capt. William Trent Rossell . 

Myron Melville Parker 

Maj. Charles Francis Powi II.. 

George Truesdell 

Capt. William Murray Black. 
John Brewer Wight 



Henry Brown Floyd Max-far.- 

land. 
Capt. Lansing Hoskins Beach . . . 

Col. John Biddle 



Henry Litchfield West . . . . 
Maj. Jay J. Morrow 

Maj . Spencer Cosby 

-Maj. William V. Judson .. 



Julv 1, 1878, to 

Jhlv 17, 1882. 
Julv "l, 1878, to 

Nov. 29, 1879. 
June 29, 1878, to 

May 5, 1882. 
Nov. 29. 1879, to 

Mar. 8, 1883. 
May 11, 1882, to 

Apr. 1, 1880. 
July 17, 1882, to 

July 22, 1885. 
Mar. "3, 1883, to 

Apr. 1, 1880. 
July 22, 1885, to 

May 21, 1889. 
Apr. 1, 1880, to 

Mav 21, 1889. 
April 1, 1880, to 

Jan. 27, 1888. 
Jan. 27, 1888, to 

Feb. 3, 1890. 
May 21, 1889, to 

Fel). 28, 1893. 
Mav 21, 1889, to 

.Sept. 30, 1890. 
Feb. 14, 1890, to 

Oct. 14, 1891. 
Oct. I. 1890, to 

Julv 29, 1902. 
Oct. 15, 1891, to 

Mav 8, 1893. 
Feb. 20, 1893, to 

Mar. 9, 1894. 
Mav 8, 1893, to 

Mar. 1, 1897. 
Mar. 10, 1894 to 

May 7, 1897. 
Mar. 2, 1897, to 

Mav 31, 1898. 
Mav^ 8, 1897, to 

May 8, 1900. 
May 9, 1900. 

June 1, 1898, to 

Nov. 1, 1901. 
Nov. 1, 1901, to 

Mav 1, 1907. 
Oct. 16, 1902. 
Mav 2, 1907, to 

Dec. 21, 1908. 
Dec. 21, 1908, to 

Mar. 15, 1909. 
Mar. 15, 1909 



Name. 



ASSISTANTS TO ENGINEER COM- 
MIS.SIONERS. 

Permanent form of government— 
Continued. 

Capt. R. L. lloxie 

Capt. F. V. Greene 

Lieut. C. McD. Townseiid 

Capt. F. A. Mahan 

Capt. Eugene Griffin 

Capt. Thos. W. Synioiis 

Capt. S. S. Leach 

Capt. J. L. Lusk 

Capl. Wni. T. Kossi'll 



Capt. (iustav J. Ficbegcr.. 
Capt. George McC. Derliy. 

Capt. Edward Burr 

Capt. Lansing TI. Beacli. . 



Capt. William E. Craighi'.l. . 
Capt. David Du B. Gaiil.nd. 

Capt. II. C. Newcomer 

Capt. Chester Harding 

Capt. Jay J. Morrow 



Capt. William Kelly 

Capt. Edward M. Markhani. 

SECRET.VRY TO THE liOARD 

William Tindnil 



July 21, 1878, to 
Aug. 1, 1884. 

May 2, 1879, to 
Mar. 3, 1SS5. 

Aug. 1, 1884, to 
Mar. (i, 188(1. 

Mar. 25, 1885, to 
May 27, 1880. 

Mav 27, 1880, to 
Mar. 0, 1888. 

June 5, 1880, to 
Nov. 1, 1889. 

Mar. 0, 1888, to 
June 2, 1888. 

June 2, 1888, to 
Mar. 1, 1893. 

Nov. 1, 1889, un- 
til detailed as a 
Commissioner, 
District of Co- 
lumbia, Oct. 
15, 1891. 

Oct. 31, 1891, to 
Mav 27, 189(i. 

Mar.'l, 1893, to 
Oct. 8, 1894. 

Oct. 9, 1894, to 
Apr. 28, 1898. 

Oct. 30, 1894, un- 
til detailed as a 
Commissioner, 
District of Co- 
lumbia, June 
1, 1898. 

Feb. 28, 1899, to 
Sept. 15, 1899. 

July 21, 1899, 1o 
Mar. (), 1901. 

Dec. 27, 1899, to 
Dec. 23, 1903. 

Apr. J6, 1901, to 
Oct. 1, 1900. 

Jan. 4, 1904, until 
sworn as 
a Commission- 
er, District of 
Columbia, 
May 2, 1907. 

Sept. 29, 1900. 

Aug. 14, 1907. 



From Julv 1. 
1 S7S. 



GOVERNMENT OF THE DISTRICT OF COLUMBIA. 219 

ORGANIZATION OF BOARDS OF COMMISSIONERS UNDER ACT OF JUNE 11, 1878. 

First Board. — Seth Lcdyard Phelps, nonpartisan, president; Josiah Dent, Demo- 
crat; Maj. William Johnson Twining. From July 1, 1878, to November 29, 1879. 

Second Board. — Josiah Dent, president; Thomas Phillips Morgan, Republican; 
Maj. William Johnson Twining. From November 29, 1879, to May 13, 1882. Major 
Twining died May 5, 1882. 

Third Board. — Josiah Dent, president; Thomas Phillips Morgan, Maj. Garret J. 
(^initial only) Lydecker. From May 13, 1882, to July 17, 1882. No reelection of the 
president of the Board. 

Fourth Board. — Joseph Rodman West, Republican, president; Thomas Phillips 
Morgan, Maj. Garret J. Lydecker. From July 17, 1882, to March 8, 1883. 

Fifth Board. — Joseph Rodman West, president to March 29, 1883; James Barker 
Edmonds, Democrat; Maj. Garret J. Lydecker. James Barker Edmonds, president 
from March 29, 1883; Joseph Rodman West, Maj. Garret J. Lydecker. From March 
8, 1883, to July 22, 1885. No reelection of president of the Board. 

Sixth Board. — James Barker Edmonds, president; William Benning Webb, Repub- 
lican; Maj. Garret J. Lydecker. From July 22, 1885, to April ]. 1886. President of 
the Board reelected. 

Seventh Board. — William Benning Webb, president; Samuel Edwin Wheatley, 
Democrat; Col. William Ludlow. From April 1, 1886, to January 27, 1888. . 

Eighth Board. — ^William Benning Webb, president; Samuel Edwin \Mieatley, Maj. 
Charles Walker Ri%mond. January 27, 1888, to May 21, 1889. No reelection of 
president of the Board. 

Ninth Board. — John Watkinson Douglass, Repul:)licau, president; Lemon Galpin 
Hine, Democrat; Maj. Charles Walker Raymond. From May 21. 1889, to February 
14, 1890. 

Tenth Board. — John Watkinson Douglass, president; Lemon Galpin Hine, Lieut. 
Col. Henry Martyn Robert. From February 14, 1890, to October 1, 1890. President 
reelected. 

Eleventh Board. — John Watkinson Douglass, president; John Wesley Ross, Demo- 
crat; Lieut. Col. Henry Martyn Robert. From Octolier 1, 1890. to October 15, 1891. 
No reelection of president of the Board. 

Twelfth Board. — John Watkinson Douglass, president: John Wesley Ross, Capt. 
William Trent Rossell. From (October 15, 1891, to March 1, 1893. President of the 
Board reelected. 

Thirteenth Board. — John Wesley Ross, president; Myron Melville Parker, Repub- 
lican; Capt. William Trent Rossell. From March 1, 1893, to May 8, 1893. 

Fourteenth Board. — John Wesley Ross, president; Myron Melville Parker, Capt. 
Charles Francis Powell. From May 8, 1893, to March 10, 1894. No reelection of 
president of the Board. 

Fifteenth Board. — John Wesley Ross, president; George Trufsdell, Republican; 
Capt. Charles Francis Powell. From March 10, 1894, to March 2. 1897. President 
of the Board reelected. 

Sixteenth Board. — John Wesley Pioss, president; George Truesdell, Capt. William 
Murray Black. From March 2, 1897, to May 8, 1897. No reelection of president of 
the Board. 

Seventeenth Board. — John \\'esley Ross, president ; John Brewer Wight, Republican ; 
Capt. William Murray Black. From May 8, 1897, to June 1, 1898. The last Board 
meeting at which Commissioner Black was present was held on May 26, 1898. Capt. 
Lansing H. Beach acted in his stead from that date until Juno 1, 1898. President 
of the Board reelected. 

Eighteenth Board. — .Tohn Brewer Wight, president; Jdliii WchIcv Ross, Capt. Lan- 
sing Hoskins Beach. From June 1, 1898, to May 9, 1900. 



2'2i) GOVERNMENT OF THE DISTRICT OK COLUMBIA. 

Xineteenth Board. — Heniy Brown Floyd Macfarland, Ilepiililican, president; John 
Wesley Ross, Oapt. Lansing Hoskins Beach. From May 9, 1900, to October 31, 1901. 

Twentieth Board. — Henry Brown Floyd Macfarland, president; John Wesley Ross, 
Maj. John Biddle. From November 1, 1901, to July 29, 1902, on which date Com- 
missioner Ross died. President of the Board reelected. 

Twenty-first Board. — Henry Brown Floyd Macfarland, president; Henry Litchfield 
West, Democrat; Col. John Biddle. From Octol)er Ifi, 1902. President of the Board 
reelected. 

Twenty-second Board. — Henry Brown Floyd Macfarland, president; Henry Litch- 
field W'est, Capt. Jay J. Morrow. From May 2, 1907. President of the Board 
reelected. * 

Twenty-third Board. — Henry Brown Floyd Macfarland, president of the Board; 
Henry Litchfield West, Maj. Spencer Cosby. From December 21, 1908. 

Twenty-fourth Board. — Henry Brown Floyd Macfarland, president of the Board; 
Henry Litchfield West, Maj. William V. Judson. From March 15, 1909. President 
of the Board reelected. 



IISTDEX 



Alexandria County: Page. 

Created 14 

Retrocession of, to Virginia 14 

Aliens, own'ership of land in the District by 16 

Alleys in the city of Washington 25 

Alleys and minor streets, opening, widening of, etc 153 

Area of the city of Washington 19 

Area of the District of Columbia 5 

Assessments: 

For cleaning of offensive cesspools 160 

Of steam railroads for street lighting, etc 160 

For cost of erection of fire escapes 160 

For removing snow, ice, etc 160 

For paving streets adjacent to tracks 160 

Of personal property 161 

Of real property 144 

For sidewalks, sewers, and curbing 152,' 153 

For house connections 152, 157 

For water mains 152, 154 

For removing dangerous structures, etc 158 

For removal of weeds 159 

For drainage of lots 159 

Of railroad companies for special policemen at crossings 159 

Assessor and assistant assessors: 

Duties of 144 

Salary of 144 

Appointment of 144 

Constitute board of review 144 

Public inspection of records of 147 

Assistants to the Engineer Commissioner: 

Details and duties of 116, 125, 141 

List of 214 

Auditor, District of Columl)ia, duties of, etc 178 

Avenues in the city of Wasliington, naming, width, etc 25 

Bathing beach 204 

Board — 

Of assistant assessors. 

Of personal-tax appraisers 161 

Of personal-tax appeals 162 

Board of charities, appointment and duties of 184 

221 



222 INDEX. 

Board of Children's Guardians: Page. 

Appointment and duties of, etc 185 

Power in re delinquent children 186 

Board of Commissioners, organization of, etc 215 

Board of dental examiners 199 

Board of education 182 

Board of eciualization and review: 

How constituted 144 

Power and duties f)f 145 

Time of meeting 145 

Shall hear appeals from yearly assessments 145 

Board of health, list of members 214 

Board of medical examiners, appointment, term, duties, etc 197 

Board of medical supervisors 198 

Board of public works, list of members 213 

Boilers, inspection of 206 

Bon.l: 

Of Commissioners 142 

Of assessor 144 

Of contractors 180 

Biennial examination of official 181 

Renewal of official 181 

Buildings: 

Annual listing of, for taxation 145 

Damaged or destroyed, assessment shall be reduced 145 

Inspection of 306 

Number of new, since 1879 206 

Boundaries of the District of Columbia 9. 14 

Boundaries of Georgetown 26 

Boundary of the city of Washington 18 

Carrollsburg 10 

Census of the District of Columbia 15 

Cert ificates of taxes and assessments 150 

Color, penal discrimination on account of, abolished 16 

Commissioners appointed to lay out District 7, 8. 23 

Commissioners of the District of Columbia: 

Appointment of, tenure of office and qualifications 141 

Appointment and removal from office by 143 

Board of, for transaction of business 142 

presitlent of 1 17, 142 

quorum of 142 

Boards ot, list of 215 

Bond of 142 

Duties of, general 143 

subdivision of 142 

ex officio 142 

Estimates of expenses for each fiscal year must be 8ul)mitted l)y 143 

List of 214 

Oath of, office of 142 

Obligations, shall not incur without authority of Congress 143 

Political status of 142 

Salary and Iwnd of 142 



INDEX. 223 

Page. 

Commissioners of pharmacy, appointment and duties of • 198 

Congress of the United States: 

Jurisdiction of, over the District of Columbia to be exclusive G 

time of vesting of 11 

. Meetings of — 

First in the District of Columbia 12 

Previous places of 13 

Contracts: 

For public works, etc., in the District nf Colunihia 122, 180 

Coroner, duties, etc 209 

Counties, division of the District into 14 

Courts of the District of Columbia. 209 

Dangerous structures, removing of 159 

Delegate to Congress 29, 213 

Dental examiners 199 

Departments of General Government, transfer of, to the District of Columl)ia. . . 12 

Disbursements of moneys of the District of Columbia ]21, 178 

District of Columbia: 

Authority for the establishment of G 

Boundary lines of 9 

Census of 15 

Cession of land by Virginia and Maryland for 8 

Commission appointed to lay (nit 7 

Congress to exercise exclusive jurisdiction dvcr fi 

Divided into counties 14 

Governor of, appointment of 29 

House of delegates created for 29 

Incorporating of 29 

Location and topography of 5 

Map of 9 

Municipal government of, iirst established 29 

as first established, abolished 29 

present form established 29 

Naming of 11 

Officials of 214 

Organic law of 115 

Part ceded by Virginia retroceded 14 

Present form «f government for 29, 141 

President's arrival in 12 

Seat of government of the United States to be in 6 

Site of, accepted 10 

Sites, first selected for 7 

Slavery, abolition of, in 15 

Towns within boundaries of, at time of cession 10 

Drainage of lots, assessment for 159 

Electrical department 201 

Engineer Commissioner: 

Detail and duties of ; 116, 141 

Detail and qualifications of assistants to 116, 141 

Assistants to 116, 141, 214 

Estimates for the support of tlie government shall be submitted by Commis- 
sioners 143 

Excise board 178 

74986—09 15 



224 INDEX. 

Exemptions — Page. 

Of real property from taxation 147 

special assessments 151 

Of personal property 1(>4 

Expitures (see disbursements). 

Fees and licenses, list of 168 

Fenwick map of the city of Georgetown 20 

Fire department: 

Personnel, qualifications, etc , 195 

Firemen's relief fund 195 

Fire escapes, assessment for, if owners, etc. , fail to huild 160 

Firewood, inspector of 207 

Fiscal year, beginning of 179 

Floxir, inspection of 207 

Form of government (present) for the District of Columbia 141 

Garbage, etc., disposal of 200 

Gas and meters, inspectii >n of 207 

Georgetown : 

Additions to 27 

Boundaries of 26 

Charter of, revoked 27 

Consolidation of, with Washington 27 

Establishment, naming, and early liistory 26 

'■ Fenwick map " of 2(1 

Incorporation of 26 

Officials of, how chosen 28 

Streets of, course of 27 

renaming directed 27 

title to 27 

width of 27 

Governor of the District of Columbia: 

Appointed 29 

Office of, abolished 29 

Governors of tiie District of Columbia, list of 213 

Hamburg 10 

Harbor lines 204 

Harbor master 204 

Hay scales 209 

Health department, duties, etc. , of health officer 196 

Highways: 

Declared to be post routes 25 

See also Streets and avenues. 

House connections, with water mains, sewers, etc., assessment for 152 

House of delegates established for the District of Columbia 29 

House of detention 1 93 

Industrial Home School 183 

Insane, care, treatment, or transportation of 190 

Interest, legal rate of 215 

Jail 190 

Judiciary of the District of Columbia 209 

Juvenile court 211 

Laws jn force in the District of Columbia 211 

L' Enfant, Maj . Pierre Charles 20 

Levy court: 

Appointed by the President 28 

Abolished . . " 29 



INDEX. 225 

Levy Court — Continued. Page. 

Jurisdiction of, in the District of Columl)ia 28 

Membership of, reduced 29 

Number of members and their assignments 28 

Library, Public 184 

Licenses and fees, list of 168 

Lighting of streets, etc 201 

Lighting tracks of steam railroad companies 160 

Lots in the city of Washington: 

Bought by the United States 22 

Donated to the United States 22 

Lumber, inspection of 208 

Markets: 

Monthly rates for stalls 1 71 

Receipts, etc 209 

Map of the District of Columbia 9 

Maryland, cession of land for site of District by 8 

Mayors: 

Of Georgetown, list of , 213 

Of Washington, list of 213 

Mayors of the city of Washington : 

Appointed by the President 23 

Elected by the people and city council 24 

Medical examiners 197 

Medical supervisors 198 

Method of taxation in the District of Columbia 143 

Militia of the District of Columbia 215 

Minor streets and alleys, opening, widening, etc. , of 153 

Municipal corporation. District of Columbia created 29 

Municipal court 212 

Municipal government of the District of Cnhunhia; 

First established , 29 

Abolished 29 

Officials of • 29 

Present form, establishment of 29 

Naming the District of Columbia , 11 

Parks and parking 205 

Pavements, character of, miles and square yards of 202 

Personal property: 

Taxation of 161 

Subject to taxation, schedule of 161 

Schedule of, must be advertised 161 

Appeal from appraisement 162 

Time of payment of tax for 147 

Exemptions of, from taxation 164 

Penalty for violation of personal-tax law ,. 164 

Plumbing: 

Inspection of 208 

Board of 208 

Police department: 

Personnel, etc 131 

Qualifications of applicants for appointment in 1 91 

Special and additional police 1 92 

Removal of policemen 193 



22r> INDEX. 

Police department — Conlinuod. Pago. 

Patrol and amlmiaiut- system 19;^ 

Surgeons of 193 

Pension fund 194 

I'olicemen, special, at crossings, railroad companies to pay salary of 159 

Post routes, liighways declared to he 25 

Potomac Kiver, lower falls on, as site for Federal town 7 

President of the United States, an official of the city of Washington 23 

Proposals: 

For municipal works 179 

For material, supplies, etc 179 

Public buildings, officer in charge of, an ofliciul of the cily of Washington 28 

Public lil)rary J 84 

Public schools 182 

Public works, proposals for 179 

Railroad companies: 

Steam, to pay cost for lighting streets, etc., along tracks 160 

Street, assessed for paving adjacent to tracks 160 

length of track, etc 202 

Rate of taxation: 

On personal property 1 46, 103 

On real property 146 

Real property: 

Assessed Aalue of, for 1907 178 

Assessment of 144 

appeal from 145 

Reassessment of, when subdivided 146 

Bought at tax sale for District of Columbia 149 

Designations of parcels of 151 

Exemptions of 147 

Listing of, annually 145 

Reassessment of taxes which have been declared void 150 

Records of assessor, public insi)ection of 147 

Reform schools • 189 

Religion 2b5 

Retents from contractors 181 

Revenue: 

Of the District of Columl)ia, .sources of 143 

Collection and deposit of 150 

Schools, Pul)lic: 

Board of education has control of 182 

Numl)er of pupils and teachers in 183 

Seal of District of Columbia 215 

Sealer of weights and measures: 

Fees for testing, sealing, etc 177 

Duties, etc 200 

Seat of government: 

District of Columbia established as <> 

Temporary removal of, authorized H 

Secretaries of the District of Columbia 213 



INDEX. 227 

Page. 

Sewers, service 152 

Sewer system 20?> 

Sinking fund I79 

Slavery, abolition of, in the District of Columbia 15 

vSnow, ice, dirt, etc., assessment for removing of IGO 

Statute of limitations in District of Columbia 214 

Steam engineers 204 

Streets in the city of Washington : 

Naming of, width of, etc 24 

Title to 21 

Streets and avenues : 

Extensions of 158 

Lighting of 201 

Character of pavements of 202 

Street cleaning 1 90 

Street railways in District of ( 'olumliia 202 

I^ength of track of eacli 202 

Suffrage 17 

Supplies for District of Columbia 207 

Surveyor, District of Columbia : 

Appointment and duties of 203 

Fees, etc 172 

Taxation in the District of Columbia : 

Methods of 143 

Rate of, on real property 14G 

Of personal property 1 46, 163 

Taxes : 

Bills for, shall be prepared by assessor 146 

Date of payment of 147 

Sales for delinquent 147, 148 

In arrears, publication of list of 147 

Certificate of sale for 148 

Deed, issue of, to owners of certificate of sale for 148 

Canceling invalid sales for 148 

Redemption of property sold for 149 

Surplus from sales for 149 

Property bid in by District of Columbia, at sales for 149 

List of pioperty sold for, to lie open to public inspection 150 

Certificates of 150 

Declared void, reassessment of property for 150 

On personal property, etc 161 

time of payment 147 

Distraint sale for personal 163 

Rate of, on personal property 1 ()3 

Tax sales. {See Taxes.) 

Transcripts of deeds, wills, etc Jnl 

Towns within lioundary of District of Columbia at time of cession 10 

Virginia: 

Cession of land for site foi- District \>y S 

Retrocession of land to 14 

Voting in the District of Columbia 17 

Washington Asylum 190 



228 INDEX. 

Washington City: Page. 

Acreage of 22 

Avenues in, naming, width, etc 25 

Agieement of proprietors to convey land for 19 

Alleys h\, original 25 

Area of 19 

Boundaries of lands of the original proprietors of 20 

Boundaries of 18 

Charter of, revoked 29 

Distribution of lots among original owners 21 

Donation of lots in, to the United States 22 

First charter of 23 

Form of conveyance of land for 19, 91 

Georgetown consolidated with 27 

Location of 17 

Mayors of, elected and appointed 23 

Naming of 2 

Officials of, first 23 

Plan of 20 

Represented in membership of levy court 28 

Required to contribute to expense of levy court 28 

Streets in, naming of, width of 24 

Title to streets in 21 

Title of the United States in streets confirmed by the Supreme Court 21 

Washington County, creation of 14 

Water mains, assessment for, shall be uniform 152, 154 

Water rent, schedule of 173 

Water^upply 202 

Weeds, assessment for removal of 159 

Weights and measures, fees for testing, sealing, etc 177 

Wharf property and harbor lines 204 

Wills, transcript of, for assessment purposes 151 

Wood, inspection and measurement of firewood 207 

Workhouse 190 

o 



